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FLUELLYN v. DEPT. OF EMPLOYMENT SERVICES

Nos. 10-AA-689, 10-AA-1025.

54 A.3d 1156 (2012)

Damion FLUELLYN, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Washington Metropolitan Area Transit Authority, Intervenor.

District of Columbia Court of Appeals.

Decided June 28, 2012.

Attorney(s) appearing for the Case

Richard W. Galiher, Jr. for petitioner.

Sarah O. Rollman , Associate General Counsel, with whom Carol B. O'Keeffe , General Counsel, Mark F. Sullivan , Deputy General Counsel, and Mark H. Dho , Assistant General Counsel, were on the brief, for intervenor.

Peter J. Nickles , 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 GLICKMAN, Associate Judge, RUIZ, Associate Judge, Retired, and TERRY, Senior Judge.

RUIZ, Associate Judge, Retired:

These consolidated petitions for review ask us to determine whether attorney's fees may be assessed against an employer pursuant to the District of Columbia Workers' Compensation Act, D.C.Code § 32-1501 et seq. (2001), where the parties resolved the contested issues after an informal recommendation from the agency but before a formal adjudication of the matter. We agree with the...

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