Mills v. Dist. of Columbia Dep't of Emp. Servs., 838 A.2d 325 (D.C. 2003). · Go Syfert
Mills v. Dist. of Columbia Dep't of Emp. Servs., 838 A.2d 325 (D.C. 2003). Cases Citing This Book View Copy Cite
27 citation events (27 in the last 25 years) across 1 distinct court.
Strongest positive: Honemond v. District of Columbia Department of Employment Services and Georgetown University (dc, 2023-06-15)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) Honemond v. District of Columbia Department of Employment Services and Georgetown University
D.C. · 2023 · confidence medium
Servs., 12 838 A.2d 325, 328 (D.C. 2003)).
discussed Cited as authority (rule) Battle v. District of Columbia Department of Employment Services
D.C. · 2018 · confidence medium
Hosp. v. District of Columbia Dep't of Emp't Servs., 916 A.2d 149, 151 (D.C. 2007) (quoting Mills v. District of Columbia Dep’t of Emp't Servs., 838 A.2d 325, 328 (D.C. 2003), and Dietrich v. District of Columbia Bd. of Zoning Adjustment, 293 A.2d 470, 473 (D.C. 1972)). .
discussed Cited as authority (rule) Phillip O. Battle v. DOES / WMATA
D.C. · 2018 · confidence medium
Hosp. v. District of Columbia Dep’t of Emp’t Servs., 916 A.2d 149, 151 (D.C. 2007) (quoting Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 328 (D.C. 2003), and Dietrich v. District of Columbia Bd. of Zoning Adjustment, 293 A.2d 470, 473 (D.C. 1972)). 9 Because the ALJ and the CRB did not reach the timeliness-of-notice question, the only contested material factual issue before us is whether Mr. Battle‟s disc degeneration injury and symptomatology were causally related to his work as a bus driver with WMATA.
discussed Cited as authority (rule) JOSEPHINE REYES v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES
D.C. · 2016 · confidence medium
Analysis “ ‘Our standard of review of agency decisions in workers’ compensation cases is governed by the District’s Administrative Procedure Act.’ ” Fluellyn v. District of Columbia Dep’t of Emp’t Servs., 54 A.3d 1156, 1159 (D.C. 2012) (quoting Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 328 (D.C. 2003)); D.C.
discussed Cited as authority (rule) J.O. v. O.E.
D.C. · 2014 · confidence medium
Area Transit Auth., 926 A.2d at 150 (quoting Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 328 (D.C. 12 2003)) (citing Ferreira v. District of Columbia Dep’t of Emp’t Servs., 667 A.2d 310, 312 (D.C. 1995)). ―Substantial evidence is relevant evidence that a reasonable mind might accept as adequate to support a conclusion.‖ Marriott at Wardman Park v. District of Columbia Dep’t of Emp’t Servs., 85 A.3d 1272, 1276 (D.C. 2014) (internal quotations omitted).
discussed Cited as authority (rule) Hughey Payne v. District of Columbia Department of Employment Services and Washington Metropolitan Area Transit Authority
D.C. · 2014 · confidence medium
Area Transit Auth., 926 A.2d at 150 (quoting Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 328 (D.C.2003)) (citing Ferreira v. District of Columbia Dep’t of Emp’t Servs., 667 A.2d 310, 312 (D.C.1995)).
discussed Cited as authority (rule) Kevin v. Reynolds v. District of Columbia Department of Employment Services and Canon Business Solutions and Broadspire Insurance Co.
D.C. · 2014 · confidence medium
“We must determine first, whether the agency has made a finding of fact on each material contested issue of fact; second, whether the agency’s findings are supported by substantial evidence on the record as a whole; and third, whether the Board’s conclusions flow rationally from those findings and comport with the applicable law.” Id. (quoting Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 327 (D.C.2003)).
discussed Cited as authority (rule) David Young v. District of Columbia Department of Employment Services and Institute for Public-Private Partnership
D.C. · 2013 · confidence medium
We recognize agency expertise and will “accord great weight to any reasonable construction of a statute by the agency charged with its administration.” Id. (quoting Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 329 (D.C.2003) (internal quotation marks omitted)).
discussed Cited as authority (rule) Potomac Electric Power Co. v. District of Columbia Department of Employment Services
D.C. · 2013 · confidence medium
“Substantial evidence is relevant evidence such as a reasonable mind might accept as adequate to support a conclusion.” Id. (quoting Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 328 (D.C.2003)).
discussed Cited as authority (rule) Fluellyn v. District of Columbia Department of Employment Services
D.C. · 2012 · confidence medium
“Our standard of review of agency decisions in workers’ compensation cases is governed by the District’s Administrative Procedure Act.” Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 328 (D.C.2003).
discussed Cited as authority (rule) Changkit v. District of Columbia Department of Employment Services (2×) also: Cited "see, e.g."
D.C. · 2010 · confidence medium
Specifically, this court “must determine first, whether the agency has made a finding of fact on each material contested issue of fact; second, whether the agency’s findings are supported by substantial evidence on the record as a whole; and third, whether the Board’s conclusions flow rationally from those findings and comport with the applicable law.” Id. (quoting Mills v. District of Columbia Dep’t of Employment Servs., 838 A.2d 325, 327 (D.C.2003)).
discussed Cited as authority (rule) Hiligh v. District of Columbia Department of Employment Services
D.C. · 2007 · confidence medium
“Recognizing agency expertise ... we accord great weight to any reasonable construction of a statute by the agency charged with its administration.” Mills v. District of Columbia Dep’t of Employment Servs., 838 A.2d 325, 329 (D.C.2003).
discussed Cited as authority (rule) Wmata v. Does
D.C. · 2007 · confidence medium
"We must determine first, whether the agency has made a finding of fact on each material contested issue of fact; second, whether the agency's findings are supported by substantial evidence on the record as a whole; and third, *147 whether the Board's conclusions flow rationally from those findings and comport with the applicable law." Mills v. District of Columbia Dep't of Employment Servs., 838 A.2d 325, 327 (D.C.2003); Ferreira v. District of Columbia Dep't of Employment Servs., 667 A.2d 310, 312 (D.C.1995); see also Landesberg v. District of Columbia Dep't of Employment Servs., 794 A.2d 60…
discussed Cited as authority (rule) Washington Metropolitan Area Transit Authority v. District of Columbia Department of Employment Services
D.C. · 2007 · confidence medium
“We must determine first, whether the agency has made a finding of fact on each material contested issue of fact; second, whether the agency’s findings are supported by substantial evidence on the record as a whole; and third, whether the Board’s conclusions flow rationally from those findings and comport with the applicable law.” Mills v. District of Columbia Dep’t of Employment Servs., 838 A.2d 325, 327 (D.C.2003); Ferreira v. District of Columbia Dep’t of Employment Servs., 667 A.2d 310, 312 (D.C.1995); see also Landesberg v. District of Columbia Dep’t of Employment Servs., 79…
discussed Cited as authority (rule) Georgetown University Hospital v. District of Columbia Department of Employment Services
D.C. · 2007 · confidence medium
In conducting our review, “[w]e must determine first, whether the agency has made a finding of fact on each material contested issue of fact; second, whether the agency’s findings are supported by substantial evidence on the record as a whole; and third, whether the [Board’s] conclusions flow rationally from those findings and comport with the applicable law.” Mills v. District of Columbia Dep’t of Employment Servs., 838 A.2d 325, 328 (D.C.2003) (citing Ferreira v. District of Columbia Dep’t of Employment Servs., 667 A.2d 310, 312 (D.C.1995)).
cited Cited as authority (rule) Davidson v. Office of Employee Appeals
D.C. · 2005 · confidence medium
Servs., 838 A.2d 325, 328 (D.C.2003) (quoting Black v. District of Columbia Dep’t of Employment Servs., 801 A.2d 983, 985 (D.C.2002)).
cited Cited "see" D.C. Appleseed Center for Law & Justice, Inc. v. District of Columbia Department of Insurance, Securities, & Banking
D.C. · 2012 · signal: see · confidence high
See Mills v. District of Columbia Dep’t of Emp’t Servs., 838 A.2d 325, 328 (D.C.2003).
cited Cited "see" Providence Hospital v. District of Columbia Department of Employment Services
D.C. · 2004 · signal: see · confidence high
See Mills v. District of Columbia Dep’t of Employment Servs., 838 A.2d 325, 329 (D.C.2003).
Retrieving the full opinion text from the archive…
Nartausha A. MILLS, Petitioner,
v.
DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Women’s National Basketball Association T/A Washington Mystics, Et Al., Intervenors
02-AA-1223.
District of Columbia Court of Appeals.
Dec 24, 2003.
838 A.2d 325
2003 D.C. App. LEXIS 751
2003 WL 23018829
Benjamin T. Boscolo, Greenbelt, MD, for Petitioner., Clifton M. Mount, for Intervenor, Women’s National Basketball Association., Arabella W. Teal, Interim Corporation Counsel at the time the statement was filed, Charles L. Reischel, Deputy Corporation Counsel at the time the statement was filed, and Edward E. Schwab, Assistant Corporation Counsel at the time the statement was filed, filed a statement in lieu of brief for Respondent.
Schwelb, Farrell, Ruiz.
Cited by 19 opinions  |  Published
SCHWELB, Associate Judge:

On October 11, 2002, the Director of the District of Columbia Department of Employment Services (DC DOES) affirmed a Compensation Order entered by a DC DOES Administrative Law Judge (ALJ) denying in pertinent part the claim of Nar-tausha A. Mills, then a professional basketball player for the Washington Mystics and an employee of the Women’s National Basketball Association (WNBA) (the employer), for temporary total disability benefits. Ms. Mills has filed a petition for review in this court, contending that the Director’s decision is not supported by substantial evidence and that it is based on an erroneous legal analysis. We vacate the Director’s decision and remand for further proceedings.

I.

THE PROCEEDINGS BEFORE THE AGENCY

In April 2000, Ms. Mills, then a student at the University of Alabama, was the second selection in the WNBA draft and was selected by the Mystics. She signed a contract providing that she would play for the Mystics until May 15, 2001. The WNBA’s regular season ran from training camp in May 2000 until September 15 of that year. It is undisputed that, during the long off-season from September to May, players in the WNBA had the right to seek employment elsewhere, including the opportunity to play basketball abroad.

On May 17, 2000, while at practice, Ms. Mills suffered an injury to her left hand and wrist when she stretched out her left arm to break a fall. She nevertheless continued to play until mid-August 2000, with a splint protecting her left wrist. On or about August 30, 2000, Ms. Mills had surgery, and her wrist was placed in a cast for three months.

Ms. Mills testified that at some time not identified in the record, her agent had received an oral offer from Urla, a professional basketball team in Turkey, [1] inviting her to play for that team during the 2000-01 off-season. Ms. Mills was, however, unable to accept the Turkish team’s offer because her injury and operation prevented her from playing. Ms. Mills stated that following her recovery, she did play for Urla during the 2001-02 off-season and earned $50,000.

The employer voluntarily paid Ms. Mills her full salary for the 2000 season. The employer declined, however, to pay her total temporary disability benefits and related medical expenses for the period from September 16, 2000 until May 14, 2001.[*328] Ms. Mills then filed a claim for these benefits and expenses pursuant to the Workers’ Compensation Act (WCA), D.C.Code §§ 32-1501 et seq. (2001).

The ALJ denied Ms. Mills’ claim. The ALJ wrote, in pertinent part:

Claimant argues her “salary from the employer covered only the period which constitutes the entire Regular Season, and (her) total wage loss was the direct result of her hand injury .In other words, claimant received no compensation during the 2000 off-season. Claimant conceded in her testimony at the formal hearing that her employment contract with the Mystics, although permitting an off-season employment, never guaranteed it, and it was entirely up to her own efforts to secure employment in the off-season.
A careful review of the record in this case, however, does not indicate claimant presented any evidence supporting her claim how she was entitled to a continued employment during the 2000 off-season, which she could not perform due to her May 17, 2000 injury. Thus, there is no ascertainable wage loss for the 2000 off-season.

Remarkably, the ALJ made no reference at all to Ms. Mills’ testimony regarding the oral offer from the Turkish club.

The Director of DC DOES affirmed the ALJ’s decision, albeit on somewhat different grounds. In the dispositive portion of his decision, the Director wrote:

On appeal, the Claimant argues that she is entitled to temporary total disability benefits because she had received an offer to play professional basketball in Turkey during the off-season, but due to her injury, was unable to pursue that employment....
A review of the record indicates that the Claimant’s agency made inquiries into playing abroad and that an offer was made.... However, an offer of employment is not tantamount to a guarantee of employment. An offer without an acceptance does not create a contract and mutual obligations. If the Claimant had accepted the offer of employment in Turkey, perhaps a different outcome would result. That she played professional basketball in Turkey during the 2001 off-season is not a guarantee of employment during the 2000 off-season to warrant the payment of workers’ compensation benefits.

(Emphasis added; footnote omitted.)

This petition for review followed.

II.

LEGAL ANALYSIS

A. Standard of review.

Our standard of review of agency decisions in workers’ compensation cases is governed by the District’s Administrative Procedure Act. D.C.Code §§ 2-501, -5105 (2001). See D.C.Code § 32-1522(b)(3) (2001). We must determine first, whether the agency has made a finding of fact on each material contested issue of fact; second, whether the agency’s findings are supported by substantial evidence on the record as a whole; and third, whether the Director’s conclusions flow rationally from those findings and comport with the applicable law. Ferreira v. District of Columbia Dep’t of Employment Servs., 667 A.2d 310, 312 (D.C.1995); see also Upchurch v. District of Columbia Dep’t of Employment Servs., 783 A.2d 623, 626-27 (D.C.2001). “Substantial evidence is ‘relevant evidence such as a reasonable mind might accept as adequate to support a conclusion.’ ” Black v. District of Columbia Dep’t of Employment Servs., 801 A.2d 983, 985 (D.C.2002). If the Director’s findings are not supported by substantial evidence, they can[*329] not be sustained. Jadallah v. District of Columbia Dep’t of Employment Servs., 476 A.2d 671, 676 (D.C.1984).

Our review of the Director’s legal conclusions is de novo. Belcon, Inc. v. District of Columbia Water & Sewer Auth., 826 A.2d 380, 384 (D.C.2003). Recognizing agency expertise, however, we accord great weight to any reasonable construction of a statute by the agency charged with its administration. George Hyman Constr. Co. v. District of Columbia Dep’t of Employment Servs., 497 A.2d 103, 108 (D.C.1985); see also Udall v. Tallman, 380 U.S. 1, 16, 85 S.Ct. 792, 13 L.Ed.2d 616 (1965).

B. Compensable loss.

The ALJ and the Director each denied relief to Ms. Mills, but on markedly different grounds. Neither ground can be sustained.

The ALJ held that Ms. Mills had failed to present any evidence of an ascertainable wage loss during the 2000-01 off-season. The ALJ did not, however, address or even mention the wage loss claimed by Ms. Mills as a result of her injury, namely, the opportunity to play professional basketball in Turkey during the off-season. The ALJ thus failed, without any explanation, to make a finding with respect to the principal factual allegation on which Ms. Mills had relied in support of her claim.

The Director, on the other hand, recognized the need to address the offer from Urla. The Director explicitly acknowledged that if Ms. Mills had accepted the offer, “perhaps a different outcome would result.” The Director denied relief, however, because “an offer of employment ís not tantamount to a guarantee of employment.” (Emphasis added.) [2]

The Director cited no authority for this purported requirement of certainty, and we know of none. Counsel for the employer likewise cited no such authority, and, at oral argument, he was not prepared to defend the “tantamount to a guarantee” standard. In this area, as in most, the law does not deal in certainties. Rather, a showing of disability must be by “substantial evidence.” Upchurch, 783 A.2d at 627. In a very recent opinion, we rejected a finding by another agency which rested on a party’s failure to establish “conclusively” a contested fact. Pres. & Dirs. of Georgetown College v. District of Columbia Bd. of Zoning Adjustment, 837 A.2d 58, 67, No. 01-AA-182 (D.C.2003).

In this case, Ms. Mills presented substantial evidence which, if credited by the trier of fact, could form the basis for a finding of a wage loss resulting from Ms. Mills’ “on the job” injury. Urla’s payment of $50,000 to Ms. Mills for her play during the ensuing off-season suggests that the claimed loss was no mirage, nor was it necessarily insubstantial. Moreover, as a No. 2 draft pick, Ms. Mills plainly had much to offer to the Turkish club. Whether there was in fact a compensable wage loss—an issue which we do not decide— may turn on a number of factors, including whether there was other work that Ms. Mills, a college graduate, could have performed during the off-season and, if so, whether the expected remuneration for such work was equal or comparable to her potential salary in Turkey. Cf. The Washington Post Co. v. District of Columbia Dep’t of Employment Servs., 675 A.2d 37, 42 (D.C.1996). In any event, on remand, the agency must make appropriate findings regarding the oral offer from Urla,[*330] any loss suffered by Ms. Mills as a result of her inability to accept the offer, and other related issues. [3]

III.

CONCLUSION

For the foregoing reasons, the decision of the Director is vacated. The case is remanded to the Director with directions for further proceedings consistent with this opinion, including a further remand to the ALJ for appropriate evidentiary findings on the subjects described above. [4]

1

. The full name of the team is Urla Genclik.

2

. Indeed, the Director used the word "guarantee” not once but twice.

3

. The ALJ found that Ms. Mills was released by her physician to play basketball in January 2001, and that she played until September 2001. The employer claims that Ms. Mills was not totally disabled between January and September 2001.

4

. We take no position as to whether, on remand, the record should be reopened for the taking of additional evidence. We likewise need not and do not address the question whether, for purposes of calculating Ms. Mills' average weekly wage, Ms. Mills' contract was for a full year or for a shorter period. That issue goes to the amount of compensation, if any, to which Ms. Mills is entitled. Neither party has asked us to review the agency's disposition of that aspect of the case.