BENTT v. DEPT. OF EMPLOYMENT SERVICES

No. 08-AA-110.

979 A.2d 1226 (2009)

Lavern R. BENTT, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Georgetown University Hospital, Intervenor.

District of Columbia Court of Appeals.

Decided September 10, 2009.


Attorney(s) appearing for the Case

Samuel J. DeBlasis, II, Lanham, MD, for petitioner.

Jeffrey W. Ochsman, Washington, for intervenor.

Peter J. Nickles, Interim Attorney General for the District of Columbia at the time the statement was filed, 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 WASHINGTON, Chief Judge, and KRAMER and OBERLY, Associate Judges.


OBERLY, Associate Judge:

The Compensation Review Board of the District of Columbia Department of Employment Services held that Lavern Bentt suffered an injury arising out of and in the course of her employment for which the exclusive remedy is provided by the District of Columbia Workers' Compensation Act, D.C.Code § 32-1504 (2001). We reverse.

I. Factual Background and Procedural History

This case is before us for a second time. In our earlier...

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