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UNITED PARCEL SERVICE v. DC DOES

No. 02-AA-1288.

834 A.2d 868 (2003)

UNITED PARCEL SERVICE and Liberty Mutual Insurance Company, Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Randy Brant, Intervenor.

District of Columbia Court of Appeals.

Decided October 30, 2003.

Attorney(s) appearing for the Case

Donald P. Maiberger, Rockville, MD, for petitioners.

Charles L. Reischel, Deputy Corporation Counsel at the time the statement was filed, and Arabella W. Teal, Interim Corporation Counsel, filed a statement in lieu of brief for respondent.

Bruce M. Bender, Rockville, MD, for intervenor.

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

SCHWELB, Associate Judge:

On October 28, 2002, the Director of the District of Columbia Department of Employment Services (DCDOES), reversing a Compensation Order issued by an Administrative Law Judge (ALJ), held that, in calculating claimant-intervenor Randy Brant's average weekly wage (AWW) for purposes of determining the amount of workers' compensation to which Brant was entitled, two weeks during which Brant participated in a strike should be excluded. Brant's...

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