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WHC v. DC DEPT. OF EMPLOYMENT SERVICES

Nos. 07-AA-307, 07-AA-360.

983 A.2d 961 (2009)

WASHINGTON HOSPITAL CENTER, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Carol Middledorf Kelly, Intervenor. Carol Middledorf Kelly, Cross-Petitioner, v. District of Columbia Department of Employment Services, Respondent, and Washington Hospital Center, Intervenor.

District of Columbia Court of Appeals.

Decided November 12, 2009.

Attorney(s) appearing for the Case

John C. Duncan, III, Washington, DC, and William S. Sands, Jr., Fairfax, VA, for petitioner.

Richard W. Galiher, Jr., Chevy Chase, MD, for intervenor/cross-petitioner.

Linda Singer, Attorney General for the District of Columbia at the time the statement was filed, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, filed a statement in lieu of brief for respondent.

Before RUIZ, and KRAMER, Associate Judges, and STEADMAN, Senior Judge.

RUIZ, Associate Judge:

Petitioner, Washington Hospital Center (WHC), seeks our review of the Compensation Review Board's (CRB) order affirming the decision of Administrative Law Judge (ALJ) Jeffrey Russell, granting in part the claim for workers' compensation benefits filed by Carol Middledorf Kelly. In turn, Kelly cross-petitions for our review of the CRB's order affirming the ALJ's decision not to adjust the computation of her average weekly wage. For the reasons...

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