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CUNNINGHAM v. GEORGE HYMAN CONST. CO.

No. 91-50.

603 A.2d 446 (1992)

Theodore CUNNINGHAM, Appellant, v. GEORGE HYMAN CONSTRUCTION CO. & Superior Iron Works, Inc., Appellees.

District of Columbia Court of Appeals.

Decided February 19, 1992.

Attorney(s) appearing for the Case

Alan J. Ackerman, Washington, D.C., for appellant.

James G. Healy, Rockville, Md., for appellee Superior Iron Works, Inc.

Edwin A. Sheridan, Washington, D.C., for appellee George Hyman Const. Co.

Before TERRY, STEADMAN and KING, Associate Judges.

STEADMAN, Associate Judge:

Under the District of Columbia Workers' Compensation Act of 1979 (the "Act"),1 an injured worker is not put to an immediate election between receiving compensation under the Act from his or her employer or attempting to recover damages against some third person allegedly liable for the injury. However, once the worker accepts compensation "under an award in a compensation order," he or she must file suit against...

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