Submitted May 3, 2016
for Review of a Decision of the Compensation and Review Board
of the District of Columbia Department of Employment Services
Sapiro was on the brief for petitioners.
A. Racine, Attorney General for the District of Columbia,
Todd S. Kim, Solicitor General, and Loren L. AliKhan, Deputy
Solicitor General, were on the statement in lieu of brief for
M. Snyder was on the brief for intervenor.
Beckwith, Associate Judge, and Washington [*] and Nebeker,
NEBEKER, SENIOR JUDGE
the concurrent nature of her employment, intervenor-claimant,
Bonnie Poznanski, was awarded temporary total and temporary
partial injury benefits for a work related injury sustained
on April 3, 2013. At the time of injury, intervenor was
employed full-time by petitioner, Providence Hospital, and
part-time by Baltimore Washington Medical Center
("BWMC"). Intervenor's injury occurred at work
for petitioner during an argument with a colleague. During
the argument, the colleague pushed intervenor and aggravated
her pre-existing left-shoulder condition. Petitioner
challenges whether the Compensation Review Board's
("CRB") decision was based upon substantial
evidence and in accordance with the law. Specifically,
petitioner challenges whether the intervenor can be awarded
both temporary total and temporary partial benefits for the
same injury, and whether intervenor voluntarily limited her
income. We affirm.
the April 3, 2013, injury, intervenor suffered a left
shoulder work injury on December 6, 2011. After this time,
intervenor's work was modified insofar as she needed
assistance with lifting, pushing, and pulling patients. Both
employers accommodated these restrictions.
the April 3, 2013, injury, however, BWMC was no longer able
to accommodate intervenor's work restrictions. Indeed,
intervenor's doctor, Dr. David Johnson, restricted her
from all work at BWMC because he was concerned overusing the
shoulder would cause further damage.
27, 2013, intervenor returned to modified work for
petitioner. Then, on July 16, 2013, intervenor was lifting a
patient with her right arm when something "snapped"
in her right shoulder. While doing physical therapy for her
right shoulder, intervenor's left shoulder
worsened. Intervenor was released to return to
modified duty with petitioner sometime before August, 31,
2013. As of that date, however, petitioner could no longer
accommodate intervenor and did not allow her to return to
had intervenor evaluated by Dr. John O'Donnell for the
purpose of an independent medical evaluation. Dr.
O'Donnell found intervenor's left shoulder condition
to be the ...