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HOWARD UNIV. HOSP. v. DEPT. OF EMPLMT. SVC.

No. 09-AA-548.

994 A.2d 375 (2010)

HOWARD UNIVERSITY HOSPITAL, et al., Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Ellavane Petway, Intervenor.

District of Columbia Court of Appeals.

Decided May 6, 2010.

Attorney(s) appearing for the Case

William H. Schladt, Rockville, MD, for petitioners.

Eric M. May, Washington, DC, for intervenor.

Peter J. Nickles, Attorney General, for the District of Columbia, Todd S. Kim, Solicitor General, Donna M. Murasky, Deputy Solicitor General, and David A. Hyden, Assistant Attorney General, filed a statement in lieu of brief in support of intervenor.

Before FISHER, Associate Judge, and FERREN and BELSON, Senior Judges.

FISHER, Associate Judge:

Petitioners challenge a decision of the Compensation Review Board ("the Board") which upheld concurrent awards of temporary total disability benefits due to a back impairment and permanent partial disability benefits ("schedule awards") based on impairments to claimant's legs caused by the same work injury. We affirm, publishing this opinion primarily to disapprove a portion of the Board's decision which may lead to error in future cases....

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