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ORIUS TELECOMMUNICATIONS, INC. v. DC DOES

No. 03-AA-390.

857 A.2d 1061 (2004)

ORIUS TELECOMMUNICATIONS, INC., and Liberty Mutual Insurance Co., Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Carvellas Sellers, Intervenor.

District of Columbia Court of Appeals.

Decided August 5, 2004.

Attorney(s) appearing for the Case

Curtis B. Hane, Rockville, MD, with whom Donald P. Mailberger, was on the brief, for petitioners.

Richard W. Galiher, Jr., Rockville, MD, for intervenor.

Robert J. Spagnoletti, Attorney General for the District of Columbia, and Edward E. Schwab, Deputy Attorney General, filed a statement in lieu of brief for respondent.

Before RUIZ and WASHINGTON, Associate Judges, and KERN, Senior Judge.

RUIZ, Associate Judge:

Orius Telecommunications, Inc. and Liberty Mutual Insurance Company petition for review of a decision rendered by the director of the District of Columbia Department of Employment Services determining that Orius's employee, Carvellas Sellers, is entitled to a penalty fee under the District of Columbia Workers' Compensation Act of 1979 for petitioners' failure to pay workers' compensation benefits in a timely manner. Petitioners claim that the...

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