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SAFEWAY STORES v. DEPT. OF EMP. SERVICES

No. 03-AA-4.

832 A.2d 1267 (2003)

SAFEWAY STORES, INC., Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Wanda McIntyre, Intervenor.

District of Columbia Court of Appeals.

Decided October 2, 2003.

Attorney(s) appearing for the Case

John F. Ward, with whom Melissa Lin Klements, was on the brief for petitioner.

Matthew Peffer for intervenor.

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

Before REID, Associate Judge, and NEWMAN and NEBEKER, Senior Judges.

NEWMAN, Senior Judge:

On this appeal we are required to determine whether the Director of the Department of Employment Services (DOES) erred in deciding that the failure of Wanda McIntyre (Employee) to give timely notice to her employer, Safeway Stores, Inc. (Employer), of a work related injury—as required by D.C.Code § 32-1513 of the District of Columbia Workers' Compensation Act of 1979 (the Act), D.C.Code § 32-1501 et seq. (2001)—...

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