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MERGENTIME PERINI v. DEPT. OF EMP. SERV.

No. 00-AA-1380.

810 A.2d 901 (2002)

MERGENTIME PERINI, et al., Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

District of Columbia Court of Appeals.

Decided November 27, 2002.

Attorney(s) appearing for the Case

Kevin J. O'Connell for petitioners.

Edward E. Schwab, Assistant Corporation Counsel, with whom Robert R. Rigsby, Corporation Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corporation Counsel, were on the brief, for respondent.

Before SCHWELB, FARRELL, and REID, Associate Judges.

SCHWELB, Associate Judge:

After paying workers' compensation benefits to an employee injured on the job, Mergentime Perini and its insurer, Lumbermens Mutual Casualty Company, sought special fund relief under the District of Columbia Workers' Compensation Act, arguing that the employee's injury had combined with a previous physical impairment to cause a substantially greater disability than the employee would have suffered absent the prior impairment.

A hearing...

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