January 17, 2019
[Copyrighted Material Omitted]
Petition for Review of an Order of the District of Columbia
Department of Employment Services, Compensation Review Board
M. Bender, Rockville, with whom Justin M. Reiner, Bethesda,
and Michael J. Foley, Rockville, were on the brief, for
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.
Dho, with whom Sarah O. Rollman was on the brief, for
Thompson, Beckwith, and McLeese, Associate Judges.
Petitioner Lemakia Gaines challenges an order of the
Compensation Review Board (CRB) denying her claim for
workers compensation benefits. We vacate the order.
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. ...