DEPT. OF MENTAL HEALTH v. DEPT. OF EMP.

No. 09-AA-882.

15 A.3d 692 (2011)

DISTRICT OF COLUMBIA DEPARTMENT OF MENTAL HEALTH, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

District of Columbia Court of Appeals.

Decided March 24, 2011.


Attorney(s) appearing for the Case

Carl J. Schifferle , Assistant Attorney General, with whom Peter J. Nickles , Attorney General for the District of Columbia at the time the brief was filed, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, were on the brief, for petitioner.

Michael A. Milwee , Senior Assistant Attorney General, for respondent.

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


FISHER, Associate Judge:

Following a hearing, the District of Columbia Department of Employment Services ("DOES") awarded temporary total disability benefits to an employee of the Department of Mental Health ("DMH") who claimed to have been injured on the job. DMH now challenges that decision, contending that DOES never ruled on DMH's motion to dismiss, which asserted that the employee's application for a hearing was untimely filed. DMH also argues that DOES applied...

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