Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 20-AA-92 JUANA MIRANDA, PETITIONER, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, RESPONDENT, and DEVON & BLAKELY/2200 WSH FOOD CORP. and AMGUARD INS. CO., INTERVENORS. On Petition for Review of an Order of the District of Columbia Department of Employment Services Compensation Review Board (CRB-105-19) (Argued April 27, 2021 Decided August 19, 2021) Benjamin E. Douglas for petitioner. Karl A. Racine, Attorney General for the District of Columbia, Loren L. AliKhan, Solicitor General, Caroline S. Van Zile, Principal Deputy Solicitor General, and Carl J. Schifferle, Deputy Solicitor General, filed a statement in lieu of a brief for respondent. Todd S. Sapiro for intervenors. Before GLICKMAN, MCLEESE, and DEAHL, Associate Judges. 2 MCLEESE, Associate Judge: Petitioner Juana Miranda challenges a decision of the Compensation Review Board (CRB) denying her claim for temporary total disability benefits. We vacate and remand. I. Except as indicated, the following facts appear to be undisputed for purposes of this petition for review. Ms. Miranda injured her knee while working for intervenor Devon & Blakely/2200 WSH Food Corp. Miranda, AHD No. 19-248, 2019 WL 4911007, at *1 (D.C. Dep’t. of Emp. Servs. Sept. 24, 2019). After two surgeries to treat her injury, she was medically cleared to work with restrictions. Id. Devon & Blakely did not offer her a modified position, and Ms. Miranda met with a vocational-rehabilitation counselor in an effort to obtain other employment. Id. at *2, 4. When Ms. Miranda did not provide documentation showing eligibility to work in the United States, vocational-rehabilitation assistance ceased, and Devon & Blakely and its insurer stopped voluntarily paying temporary total disability benefits to Ms. Miranda in March 2019. Id. at *2. Ms. Miranda made efforts on her own to obtain employment, and eventually she succeeded in obtaining a new position. Miranda, 2019 WL 4911007, at *2. Ms. 3 Miranda’s condition worsened, however, and she required further surgery, after which she was again physically unable to work. In June 2019, voluntary temporary total disability benefits therefore resumed. Id. at *1. Ms. Miranda sought an award of temporary total disability payments for the period from March 2019 to June 2019. Miranda, 2019 WL 4911007, at *1-2. After an evidentiary hearing, an Administrative Law Judge (ALJ) denied Ms. Miranda’s claim. Id. at *1-10. At the hearing, Ms. Miranda invoked the Fifth Amendment when asked about her immigration status. Devon & Blakely introduced a labor-market survey that Devon & Blakely contended showed six available jobs that Ms. Miranda was physically capable of performing. Miranda, 2019 WL 4911007, at *1. After the hearing, the ALJ inferred that Ms. Miranda was not authorized to work in the United States. Miranda, 2019 WL 4911007, at *2-3. We do not understand Ms. Miranda to dispute …
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