Turner v. Dist. of Columbia, 210 A.3d 156

Turner, a WMATA bus driver, injured her right wrist/arm and received temporary disability and medical payments; later sought a 13% permanent-partial award for the right upper extremity.
OWC claims examiner issued an informal recommendation of 7% PPD; WMATA notified OWC it accepted the recommendation within 14 days; Turner rejected it and sought formal hearing.
At formal hearing the ALJ awarded Turner 13% PPD; the CRB affirmed that award.
Turner then petitioned for attorney’s fees under D.C. Code § 32-1530; ALJ denied fees and the CRB affirmed, reasoning WMATA did not refuse the OWC recommendation.
Turner argued WMATA’s August emails saying it would seek a credit for unrelated prior payments constituted a de facto rejection; WMATA had not actually paid under the recommendation and never tendered the 7% award before the formal hearing.
The D.C. Court of Appeals affirmed the CRB, holding § 32-1530(b) requires the employer’s rejection of the Mayor’s written recommendation and that WMATA’s informal email about a possible credit did not constitute such a refusal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Turner is eligible for fees under § 32-1530(a) (employer refused to pay any compensation after claim)	Turner: WMATA did not pay under the OWC recommendation, so § 32-1530(a) applies	WMATA: paid TTD and medical benefits and did not dispute work-related injury, so (a) inapplicable	Held: (a) inapplicable — WMATA did not initially refuse to pay compensation after claim filing
Whether Turner is eligible for fees under § 32-1530(b) (employer tenders then refuses additional compensation after OWC recommendation)	Turner: WMATA’s statement that it would seek a credit and its failure to pay under the recommendation are de facto rejection, so (b) applies	WMATA/CRB: WMATA accepted the recommendation in writing; informal email about a potential credit did not constitute refusal to accept the recommendation	Held: (b) not satisfied — statute requires employer’s refusal; WMATA did not refuse the recommendation and its informal email about a possible credit did not transform acceptance into a rejection; fee award denied

Providence Hosp. v. District of Columbia Dep't of Emp't Servs., 855 A.2d 1108 (D.C. 2004) (§ 32-1530(b) requires employer rejection of Mayor's recommendation before claimant may recover fees)
Fluellyn v. District of Columbia Dep't of Emp't Servs., 54 A.3d 1156 (D.C. 2012) (§ 32-1530(b) permits fees when employer refuses to pay additional compensation recommended after informal conference)
Nat'l Geographic Soc. v. District of Columbia Dep't of Emp't Servs., 721 A.2d 618 (D.C. 1998) (fee award unavailable where claimant never used informal recommendation procedure)