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Gaines v. District of Columbia Dept. of Employment Services

Court of Appeals of The District of Columbia

June 27, 2019

Lemakia GAINES, Petitioner,
v.
DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent and Washington Metropolitan Area Transit Authority, Intervenor.

         Argued January 17, 2019

Page 768

[Copyrighted Material Omitted]

Page 769

          On Petition for Review of an Order of the District of Columbia Department of Employment Services, Compensation Review Board (CRB-106-17)

         Bruce M. Bender, Rockville, with whom Justin M. Reiner, Bethesda, and Michael J. Foley, Rockville, were on the brief, 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 at the time the statement was filed, filed a statement in lieu of brief.

         Mark H. Dho, with whom Sarah O. Rollman was on the brief, for intervenor.

         Before Thompson, Beckwith, and McLeese, Associate Judges.

          OPINION

         McLeese, Associate Judge:

Page 770

          Petitioner Lemakia Gaines challenges an order of the Compensation Review Board (CRB) denying her claim for workers’ compensation benefits. We vacate the order.

          I.

          After an evidentiary hearing, an Administrative Law Judge (ALJ) found the following facts, which appear to be undisputed. On February 3, 2016, Ms. Gaines was scheduled to work a "swing shift" as a rail-station manager for intervenor Washington Metropolitan Area Transit Authority (WMATA). Her first shift was at the Dupont Circle station and ended at 4:15 p.m. Her second shift was at the Farragut North station and was scheduled to begin at 6:20 p.m. The period between the two shifts was an unpaid break. After finishing her first shift, Ms. Gaines rode the Metrorail one stop to the Farragut North station. ...


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