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KELLY v. DISTRICT OF COLUMBIA DEPT. OF EMPLOYMENT SERVICES

No. 11-AA-1417.

76 A.3d 948 (2013)

Carol Middledorf KELLY, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Washington Hospital Center, Intervenor.

District of Columbia Court of Appeals.

Decided September 26, 2013.

Attorney(s) appearing for the Case

Richard W. Galiher, Jr. , Chevy Chase MD, for petitioner.

Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General, filed a statement in lieu of brief in support of respondent.

William S. Sands, Jr. , with whom, John C. Duncan, III , Fairfax, VA, was on the brief, for intervenor.

Before THOMPSON and BECKWITH, Associate Judges, and BELSON, Senior Judge.

THOMPSON, Associate Judge:

Under the District of Columbia Workers' Compensation Act (the "Act"), an injured worker determined to be eligible for permanent total disability benefits is entitled to a payment set at 66 2/3% of her average weekly wage ("AWW").1 "[T]he AWW `is intended to provide a fair and reasonable estimate of what the employee in question would have been able to earn in the labor market in the absence of a work-injury[...

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