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RED STAR EXP. v. D.C. DEPT. OF EMP. SERV.

No. 91-456.

606 A.2d 161 (1992)

RED STAR EXPRESS, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

District of Columbia Court of Appeals.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Donald P. Mailberger, Washington, D.C., for petitioner.

Edward E. Schwab, Asst. Corp. Counsel, with whom John Payton, Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for respondent.

Before TERRY, FARRELL and KING, Associate Judges.

KING, Associate Judge:

Petitioner, an employer, seeks reversal of the decision by the Department of Employment Services (DOES) denying a request for reimbursement from the Special Fund pursuant to D.C.Code § 36-308(6) (1988 Repl & 1991 Supp.) for payments made to an injured employee under the District of Columbia Workers' Compensation Act of 1979 ("DCWCA").1 At the time petitioner filed his claim, § 36-308(6) provided:

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