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BALILES v. DC DEPT. OF EMPLOYMENT SERV.

No. 98-AA-440.

728 A.2d 661 (1999)

George BALILES, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Washington Metropolitan Area Transit Authority, Intervenor.

District of Columbia Court of Appeals.

Decided May 6, 1999.

Attorney(s) appearing for the Case

Elizabeth F. Pignatello for petitioner. Mark L. Schaffer, Washington, DC, wrote the brief for petitioner.

Jo Anne Robinson, Principal Deputy Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, filed a statement in lieu of brief for respondent.

Robert C. Baker, Jr., with whom Ann Wittik-Bravmann, Bowie, MD, was on the brief, for intervenor.

Before SCHWELB and REID, Associate Judges, and MACK, Senior Judge.

REID, Associate Judge:

The issue presented in this case is whether petitioner George Baliles, who sought temporary total disability benefits from April 1, 1995 to the present and continuing, voluntarily limited his income within the meaning of D.C.Code § 36-308(3)(V)(iii) (1997) by retiring from his employment position at the Washington Metropolitan Area Transit Authority ("WMATA"). The hearing examiner denied him temporary...

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