Occupational Injury Administrative Litigation

In D.C., the Workers' Compensation Program is managed by the Office of Workers’ Compensation (OWC) under the DOES. If OWC denies compensation, the claimant first files for a Formal Hearing before an Administrative Law Judge (ALJ). If the ALJ's outcome is unsatisfactory, the claimant appeals to the Compensation Review Board (CRB). Finally, the claimant can challenge the CRB's final administrative decision through judicial review at the D.C. Court of Appeals, which is the administrative litigation phase.

The injured worker or surviving dependents typically serve as the petitioner in the litigation. They seek to overturn an administrative decision that denied benefits under the D.C. Workers' Compensation Act. The petitioner must demonstrate that the agency committed an error of law or procedure. The official respondent before the Court of Appeals is the DOES, defending the administrative ruling. In earlier administrative stages, the employer or their insurer is the primary respondent.

The Petition for Review submitted to the D.C. Court of Appeals must contain specific information required to initiate judicial review. This document outlines the legal basis for the appeal.

• Petitioner Information: Full name and contact information of the petitioner.
• Challenged Decision: Clear identification of the final agency decision being challenged (CRB's decision).
• Contesting Grounds: Specific legal grounds for contesting the decision, detailing alleged errors of law or procedure.
• Required Attachments: All prior rulings, hearing transcripts, and the complete administrative record are attached.

Washington D.C. imposes strict deadlines for filing a Petition for Review. Missing this timeline is often fatal to the appeal. Under D.C. Code § 1-606.03(c), a petition must be filed within 30 calendar days of the final decision by the Compensation Review Board (CRB). This 30-day period is jurisdictional, meaning the Court of Appeals generally lacks the authority to hear the case if the deadline is missed.

The following stages summarize the occupational injury administrative litigation procedure in Washington D.C.:

• Initial Filing: The petitioner files a Notice of Appeal and the Petition for Review with the D.C. Court of Appeals, including the required filing fee.
• Record Transmission: The agency (DOES/CRB) must deliver the official administrative record to the court within the set timeframe.
• Briefing Schedule: The court issues a schedule for the submission of legal briefs. The petitioner files the opening brief, followed by the respondent's brief.
• Oral Arguments: In select cases, the court schedules oral arguments. However, many appeals are decided solely based on the written submissions.
• Decision and Judgment: The court issues its judgment. The court may affirm (uphold), reverse (overturn the denial), or remand (send the case back) to the agency for further proceedings.

For a successful appeal, the petitioner's brief must clearly demonstrate that the agency’s final decision contains a reversible error. The legal arguments typically focus on one or more of these critical grounds:

• Lack of Substantial Evidence: The decision was unsupported by substantial evidence in the administrative record.
• Violation of Due Process: The agency committed a procedural error that violated the petitioner's right to a fair hearing.
• Legal Interpretation Error: The agency made a legal error in interpreting the D.C. Workers' Compensation Act or established precedent.
• Arbitrary or Capricious: The decision was arbitrary, capricious, or an abuse of discretion.

Given the technical nature of workers’ compensation statutes, the procedural rules, and the standard of review, claimants are strongly advised to seek support from legal professionals. Attorneys familiar with the complexities of D.C.’s administrative litigation systems significantly increase the chances of a favorable outcome. Legal professionals assist in drafting compelling appellate briefs and identifying irregularities.