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HILIGH v. DOES

Nos. 06-AA-51, 06-AA-85.

935 A.2d 1070 (2007)

Wilbur HILIGH, Petitioner, Federal Express Corporation, et al., Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

District of Columbia Court of Appeals.

Decided November 8, 2007.

Attorney(s) appearing for the Case

William S. Hopkins, for Wilbur Hiligh.

David M. Schoenfeld, Gathersburgh, MD, for Federal Express Corporation, et al.

William J. Earl, Assistant Attorney General, with whom Robert J. Spagnoletti, Attorney General for the District of Columbia at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General, were on the brief, for respondent.

Before WASHINGTON, Chief Judge, FARRELL, Associate Judge, and SCHWELB, Senior Judge.

WASHINGTON, Chief Judge:

Petitioner, Wilbur Hiligh, seeks review, inter alia, of the District of Columbia Department of Employment Services' ("DOES") determination that Hiligh, who is classified as temporarily totally disabled, was not entitled to the minimum compensation rate, pursuant to D.C.Code § 32-1505(c) (2001), but instead to his actual average weekly wage. The employer, Federal Express Corporation ("Federal Express"), in its petition, argues that...

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