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Union Light & Power Co. v. District of Columbia Dept. of Employment Services

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Argued December 17, 2001

Union Light & Power Company and its insurance company (“Union Light”) filed a petition for review of a decision of the Director of the District of Columbia Department of Employment Services (“DOES”) affirming the compensation order of a DOES hearing examiner. The hearing examiner determined that Union Light was solely liable for the death benefits paid to a widow of a deceased Union Light employee. Union Light challenges the DOES decision, claiming that at the time of his death, the decedent was either a borrowed or a joint employee under workers’ compensation law, and hence, either Elrich Contracting, Inc. (“Elrich”) was solely liable for the compensation award, or both Union Light and Elrich were jointly liable. We affirm the Director’s decision that at the time of his accident, the decedent was performing “a voluntary act which arose out of and in the course of his employment with Union Light,” and that there was no express or implied contractual arrangement establishing that he was either a special or borrowed employee of Elrich, or a joint employee of both Elrich and Union Light.

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