Argued
January 17, 2019
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, with whom Justin M. Reiner and Michael J. Foley
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.
McLeese, Associate Judge.
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. Ms. Gaines was in uniform, and
she was required to assist customers while traveling in the
Metrorail system, whether or not she was on duty or on a
break.
Ms.
Gaines planned to take her break and eat lunch in the
employee-only auxiliary room at the Farragut North station
before starting her next shift. WMATA permits employees to
use such rooms as break or lunch rooms. Break rooms are
accessible only with a master key issued to station managers
and employees.
After
Ms. Gaines arrived at the Farragut North station, she took
the escalator up to the street to get a soda from a nearby
store. Around 4:40 p.m., on her way back down the escalator,
she slipped and fell down several steps. Ms. Gaines felt
immediate pain in her neck, back, left shoulder, and left
arm, and was bleeding on her left leg. She was diagnosed with
contusions, abrasions, and strains to the left shoulder, left
arm, lumbar spine, thoracic spine, and neck. Ms. Gaines was
placed off of work and remained off of work in the following
months due to continuing pain. Ms. Gaines filed a
workers' compensation claim for medical expenses and
disability benefits.
The ALJ
granted Ms. Gaines's claim. WMATA sought review by the
CRB, which reversed and directed that Ms. Gaines's claim
be denied. According to the CRB, Ms. Gaines's claim did
not "arise out of" Ms. Gaines's employment, as
required by D.C. Code § 32-1501(12) (2019 Repl.),
...