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JIMENEZ v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES

Nos. 96-AA-790, 96-AA-899.

701 A.2d 837 (1997)

Luis A. JIMENEZ, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Appeal of CAPITOL PAVING OF D.C., INC. and The PMA Group, Intervenors and Cross-Petitioners.

District of Columbia Court of Appeals.

Decided October 9, 1997.

Attorney(s) appearing for the Case

W. Scott Funger, Washington, DC, for petitioner.

Geoffrey S. Gavett, Rockville, MD, with whom Michael L. Mallow was on the brief, for the intervenors and cross-petitioners.

Jo Anne Robinson, Interim Corporation Counsel at the time the statement was filed, and Charles L. Reischel, Deputy Corporation Counsel, Washington, DC, filed a statement in lieu of brief, for respondent.

Before STEADMAN and KING, Associate Judges, and GALLAGHER, Senior Judge.

GALLAGHER, Senior Judge:

Petitioner Jimenez seeks review of a decision of the District of Columbia Department of Employment Services that his failure to provide his employer with timely notice of work-related injuries barred his claim for income replacement benefits under the Workers' Compensation Act.1 He contends the agency erred in finding that his notice was untimely and, in the alternative, contends the agency failed to determine...

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