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KELLY v. DEPT. OF EMPLOYMENT SERVICES

No. 18-AA-13.

214 A.3d 996 (2019)

Darryl KELLY, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Potomac Electric Power Company, Intervenor.

District of Columbia Court of Appeals.

Decided August 29, 2019.

Attorney(s) appearing for the Case

Benjamin E. Douglas , Washington, for petitioner.

Karl A. Racine , Attorney General for the District of Columbia, Loren L. AliKhan , Solicitor General, and Stacy L. Anderson , Acting Deputy Solicitor General, filed a statement in lieu of brief in support of respondent.

William H. Schladt for intervenor.

Dissenting opinion by Associate Judge Easterly at page 1013-14.

Workers' compensation claimant Darryl Kelly petitions for review of a decision holding that he cannot recover attorney's fees from his former employer, the Potomac Electric Power Company ("Pepco"), because the conditions precedent to an award of attorney's fees under D.C. Code § 32-1530 were not satisfied. For the...

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