Reyes v. District of Columbia Department of Employment Services
2012 D.C. App. LEXIS 317
| D.C. | 2012Background
- Reyes was injured while pouring concrete at MG Home Improvement on June 1, 2007.
- MG Home Improvement was owned by Gonzalez, Reyes’s brother-in-law; Reyes worked there from 2005 to 2007.
- ALJ denied Reyes’s workers’ compensation claim, concluding no employer/employee relationship existed.
- CRB affirmed the ALJ, relying on the ‘relative nature of the work’ test and limited findings of fact.
- The court found two ALJ factual findings unsupported by substantial evidence and that some findings did not flow from the proven facts.
- Court remands to the CRB for further fact-finding on causation, injury extent, wage calculation, and penalties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CRB erred in affirming despite lack of substantial evidence | Reyes | MG Home Improvement | Yes; findings unsupported; remand required |
| Whether the ‘relative nature of the work’ test was misapplied | Reyes | MG Home Improvement | Yes; second prong supported employee relation |
| Whether ALJ’s findings about hours worked and MG Home Improvement’s work scope were supported | Reyes | MG Home Improvement | Yes; substantive evidence supports employee relationship |
| Whether the ALJ’s conclusions about skill level, duration, and intermittency flow from the facts | Reyes | MG Home Improvement | Yes; conclusions do flow from the proven facts |
Key Cases Cited
- Asylum Co. v. District of Columbia Dep’t of Emp’t Servs., 10 A.3d 619 (D.C.2010) (standard of review for agency decisions)
- Georgetown Univ. Hosp. v. District of Columbia Dep’t of Emp’t Servs., 916 A.2d 149 (D.C.2007) (deferential review of compensation orders when findings are substantial)
- District of Columbia Dep’t of Mental Health v. District of Columbia Dep’t of Emp’t Servs., 15 A.3d 692 (D.C.2011) (reiterates rational-flow requirement from findings to conclusions)
- Gross v. District of Columbia Dep’t of Emp't Servs., 826 A.2d 393 (D.C.2003) (two-part ‘relative nature of the work’ test framework)
- Munson v. District of Columbia Dep’t of Emp't Servs., 721 A.2d 623 (D.C.1998) (adopts the two-part test for employee versus independent contractor)