Adelbert Triplett and Evelyn Triplett (collectively referred to as “Triplett”) appeal from the trial court’s grant of summary judgment in favor of Hyman Construction Company, et al. (collectively referred to as “Hyman”). Summary judgment was granted based on the trial court’s determination that Triplett’s claims were barred by the six-month statute of limitations under D.C.Code § 36-335(b) of the District of Columbia Workers’ Compensation Act of 1979 (“the 1979 Act”). Triplеtt contends that the statute of limitations period does not apply, and, if it does, it does not begin to run until the final payment has been rendered under a final compensation order. We hold the limitatiоn period applies and that the issuance of a final compensation order and the acceptance of payments thereunder by the employee constitute “[accеptance of ... compensation under an award in a compensation order” so as to begin the running of the statute of limitations period. D.C.Code § 36-335(b) (1981). Accordingly, we affirm.
The facts of this case аre uncontested. On February 6, 1986, Adelbert Triplett was injured while working as an electrician for Harry Alexander, Inc., a subcontractor of Hyman Construction Company, the general contractor at the wоrk site. United Sheet Metal, Inc. and John J. Wilson Company were other subcontractors at the site.
*84 Following his injury, Triplett filed a workers’ compensation claim under the 1979 Act. On January 10, 1986, in a “Recommended Comрensation Order,” a Department of Employment Services (“DOES”) hearing examiner recommended that Triplett “receive partial disability benefits from November 4, 1984, to the present and continuing.” On January 14, 1986, Dеputy Director Grace Lockett Rosner adopted the hearing examiner’s Recommended Compensation Order and issued a Proposed Compensation Order requiring any exceptions to be filed by February 3, 1986. None were filed and the Proposed Compensation Order became the Final Compensation Order on February 3, 1986.
Immediately following promulgation of the Final Compensation Order, Triplett received retroactive payments from his employer for the dates between November 5, 1984 through January 20, 1986. However, due to an accounting error, an additional retroactive payment was made and received on October 14, 1986. Pursuant to the Final Compensation Order, Triplett began receiving biweekly payments of $434.06 on February 3, 1986.
On February 4, 1987, one year after the Final Compensation Order was issued, Triplett filed a complaint against appellees George Hyman Construction Company, John J. Wilson Company, and United Sheet Metal Company, Inc. alleging three counts of negligеnce and one count of loss of consortium.
The first issue before us is whether the six-month limitation provision of D.C.Code § 36 — 335(b) (1981) applies to this case. The second issue is, if § 36 — 335(b) applies, when does the six-month period commence?
I.
The trial court concluded that
Rodriguez v. Compass Shipping Co., Ltd.,
Prior tо 1928, private employees in the District of Columbia were not covered by a workmen’s compensation program. In 1928, after several attempts to pass legislation to cover them failed, Cоngress adopted the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 933 (“LHWCA”), then in effect for maritime workers, to cover the District’s private employees as well. See D.C.Code §§ 36-501, 36-502 (1973) (“Old Act”). 1 In 1980, pursu *85 ant to the District of Columbia Self-Government and Reorganization Act, D.C. Code §§ 1-201 et seq. (1981), the Council of the District of Columbia enacted the District of Columbia Workers’ Compensation Act of 1979 (“New Act”), which replaced the Old Act. However, the Nеw Act retained the language of § 933(b) of the LHWCA, which states:
Acceptance of such compensation under an award in a compensation order filed by the deputy commissioner or Board shаll operate as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third person within six months after such an award. 2
33 U.S.C. § 933(b).
In
Rodriguez,
the Supreme Court, relying on the plain language of the statute, interpreted § 933(b) to bar third party claims instituted more than six months after the acceptance of a compensation award. In
Dodson v. Washington Automotive Co.,
II.
The second issue in this case is whether an injured employee must receive every dollar due under a Final Compensatiоn Order before the six-month statute of limitations for filing his claim against a third party begins to run. 4 Appellant contends that due to the aforementioned accounting error, he did not actually receive аll of the monies due him under the Final Compensation Order until October 14,1986. From this he concludes that he did not actually “accept” the order until October 14, 1986, which date was less than six months from the date when he filed his action against appellees. Therefore, his argument goes, his action was timely and should not have been dismissed by the court below.
The trial court rejected this argument, citing
Rhodes v. Donohoe Construction Co.,
The trial court properly declined appellant’s invitation to eschew the simple and definite manner of marking the commencement of the six-month time period used in Rhodes in favor of a method requiring receipt of the “full” compensation award. The court’s comment in Rhodes is equally justified here:
*86 Common sense dictates that Congress did not intend to creаte a period of limbo in which neither the claimant nor his employer, as claimant’s assignee under the statute, could bring action. No apparent purpose will be served by relegating a right of аction to such a temporary “no man’s land.” The legislative history of [the statute] is devoid of any indication that Congress intended to construct the bizarre statutory scheme propounded by defendants.
Id. at 598. Appellant proposes an equally bizarre scheme, according to which the six-month statute of limitations would not begin to run until the last dollar of his retroactive award was sent to him. Thus, as appellant would have it in this case, the correction of mere clerical and accounting errors would work to revive claims long considered dead. We decline to adopt such a schemе. 5
Accordingly, the trial court’s grant of summary judgment is
Affirmed.
Notes
. D.C.Code §§ 36-501, 36-502 (1973) read as follows:
§ 36-501. Longshoremen’s and Harbor Workers’ Compensation Act made applicable to the District of Columbia.
The Provisions of chapter 18 of title 33, U.S.Code, including all amendments that may hereafter be mаde thereto, shall apply in respect to the injury or death of an employee of an employer carrying on any employment in the District of Columbia, irrespective of the placе where the injury or death occurs; except that in applying such provisions the term "employer" shall be held to mean every person carrying on any employment in the District of Columbia, and the term "employee” shall be held to mean every employee of any such person. <
§ 36-502. Exceptions.
This chapter shall not apply in respect to the injury or death of (1) a master or member of a crew оf any vessel; (2) an employee of a common carrier by railroad when engaged in interstate or foreign commerce or commerce solely within the District of Columbia; (3) an employeе subject to the provisions of sub-chapter I of chapter 81 of title 5, U.S.Code; and (4) an employee engaged in agriculture, domestic service, or any employment that is casual and not in the usual course of the trade, business, occupation, or profession of the employer; and (5) any secretary, stenogra *85 pher, or other person performing any services in the office of any Member of Congress or under the direction, employment, or at the request of any Member of Congress, within the scope of the duties performed by secretaries, stenographers, or such emрloyees of Members of Congress.
. D.C.Code § 36-335(b) (1981) reads as follows: Acceptance of such compensation under an award in a compensation order filed with the Mayor shall operatе as an assignment to the employer of all rights of the person entitled to compensation to recover damages against such third person unless such person shall commence an action against such third рerson within 6 months after such award.
. H.R.Rep. No. 859, 69th Cong., 1st Sess. 1 (1926).
. See note 2.
. Adelbert Triplett asked that, in the event we find his claim time-barred, we substitute his employer as a party. We see no proper basis for doing so. Likewise, since the contention with respect to Ms. Triplett’s claimed loss of consortium was not raised below, we decline to address it here.