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Horace E. v. District of Columbia Department

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Submitted March 27, 2012

Before GLICKMAN and THOMPSON, Associate Judges, and SCHWELB, Senior Judge.

Petitioner Horace Hensley, who has received worker‟s compensation benefits based on total disability since the late 1980‟s, sought an additional award requiring his former employer, intervenor Cheechi & Company (the “Employer”), to reimburse his expenses for certain medical, assisted-living, transportation, home attendant, and other services, all of which petitioner claims relate to workplace aggravation (in 1986) of the progressive disease that affects his joints. Petitioner also sought an order establishing his entitlement to payment of a 20% penalty as a result of the Employer‟s failure to make timely payment of scheduled cost-of-living adjustments (“COLAs”) for the period from February 22, 1990, through July 13, 1997.*fn1 In a February 3, 2010, Compensation Order, an Administrative Law Judge (“ALJ”) of the Department of Employment Services (“DOES”) rejected petitioner‟s expense-reimbursement claim, but agreed that petitioner is entitled to payment of the 20% penalty amount. Upon its review of the Compensation Order, the DOES Compensation Review Board (the “Board” or the “CRB”), in a June 29, 2011, Decision and Order, upheld the ALJ‟s determination denying the expense reimbursement, but reversed the ALJ‟s determination as to the 20% penalty. Petitioner challenges both of the CRB‟s rulings. We affirm the CRB‟s ruling as to petitioner‟s expense-reimbursement claim, but reverse its ruling as to the 20% penalty and remand on that issue.

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