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MUSHROOM v. DEPT. OF EMPLOYMENT SERVICES

No. 98-AA-1566.

761 A.2d 840 (2000)

MUSHROOM TRANSPORTATION and National Union Fire Insurance Company, Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Ira Scott, Intervenor.

District of Columbia Court of Appeals.

Decided October 26, 2000.

Attorney(s) appearing for the Case

Kelly D. Vanstrom, Columbia, MD, with whom Michael S. Levin was on the brief, for petitioners.

George E. Swegman, Washington, DC, for intervenor.

Robert R. Rigsby, Acting Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Edward E. Schwab, Assistant Corporation Counsel, filed a brief for respondent.

Before SCHWELB, RUIZ, and GLICKMAN, Associate Judges.

GLICKMAN, Associate Judge.

A subsection of the Workers' Compensation Act of 1979 that was repealed in 1999 provided that a disabled employee's workers' compensation benefits were subject to reduction if the employee received payments "from employee benefit plans subject to [ERISA] and such income maintenance plans solely funded by the employer." D.C.Code § 36-308(9) (1997).1 The Department of Employment Services (DOES) construed the...

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