Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Marsden v. District of Columbia

Court of Appeals of Columbia District

July 14, 2016

DONNA MARSDEN, Appellant,
v.
DISTRICT OF COLUMBIA, Appellee.

          Argued April 19, 2016

         Appeal from the Superior Court of the District of Columbia Civil Division (CAB-2744-14) Hon. Maurice A. Ross, Trial Judge

          Bernadette Sargeant for appellant.

          Richard S. Love, Senior Assistant Attorney General, with whom Karl A. Racine, Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Loren L. AliKhan, Deputy Solicitor General, were on the brief, for appellee.

          Before THOMPSON and MCLEESE, Associate Judges, and FARRELL, Senior Judge.

         JUDGMENT

         This case came to be heard on the transcript of record and the briefs filed, and was argued by counsel. On consideration whereof, and as set forth in the opinion filed this date, it is now hereby

         ORDERED and ADJUDGED that the judgment on appeal is reversed and remanded for further proceedings

          OPINION

          McLeese, Associate Judge

         Appellee the District of Columbia sued appellant Donna Marsden, seeking to recover over $100, 000 that the District had paid Ms. Marsden in connection with a disability-compensation claim that was ultimately denied. The trial court granted summary judgment to the District on the District's claim of unjust enrichment. We reverse and remand for further proceedings.

         I.

         Ms. Marsden filed a claim for disability compensation with the District of Columbia Office of Risk Management (ORM) in connection with an injury that Ms. Marsden sustained while working as an employee of the District of Columbia Public Schools. Marsden v. District of Columbia Dep't of Emp't Servs., 58 A.3d 472, 473 (D.C. 2013). The ORM denied the initial claim in 2009, and Ms. Marsden appealed. Id. After an Administrative Law Judge (ALJ) awarded Ms. Marsden disability compensation, the District appealed to the Compensation Review Board (CRB). Id. While the appeal was pending, the District sent payments to Ms. Marsden in compliance with the ALJ's decision. In June 2011, the CRB reversed the ALJ's decision, on the ground that Ms. Marsden had not timely sought review of the ORM's denial. Id. The District stopped sending payments to Ms. Marsden in September 2011. This court affirmed the CRB's decision in January 2013. Id. at 472-75.

         In September 2013, the ORM sent Ms. Marsden written notice that she had received a $143, 789.89 overpayment between November 2008 and September 2011. The notice included a preliminary determination that, although Ms. Marsden was not at fault for the overpayment, the ORM would be taking action under D.C. Code § 1-623.29 (2006 Repl.) to recover the full amount. The notice also explained that Ms. Marsden had "the right to request a waiver of the . . . recovery." Finally, the notice stated that if information supporting a waiver request was not provided within thirty days, the waiver request would be denied. Ms. Marsden did not file a waiver request.

         In May 2014, the District filed a complaint against Ms. Marsden in Superior Court, among other things seeking recovery under the doctrine of unjust enrichment. The trial court orally granted summary ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.