Legal Opinion
Whittaker v. District of Columbia Department of Employment Services
District of Columbia Court of Appeals
Decided December 18, 1995No. 94-AA-749PublishedCited by 19 opinions
1Opinion of the Court
FARRELL, Associate Judge:
As we have had to do from time to time in past cases, 1 we must remand this claim for workers’ compensation to the Department of Employment Services (DOES) because the hearing examiner, in denying petitioner benefits, misapprehended the statutory presumption favoring causation. See D.C.Code § 36-321(1) (1993). In concluding that the presumption “has no present applicability,” the examiner appears to have confused the compensability of petitioner’s injury to a knee cartilage (which the employer admitted was work-related, thereby persuading the examiner that a…
2Cases cited6 opinions
- Mary R. Wheatley v. Herman Adler, Deputy Commissioner, United States Department of Labor Bureau of Employees' CompensationCourt of Appeals for the D.C. Circuit · 1968
- Ferreira v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1987
- Stewart v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1992
- Dunston v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1986
- Parodi v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Clark v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2001
- McCamey v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2008
- Short v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1998
- Washington Hospital Center v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2000
- Olson v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1999
14 more not listed; retrieve them via the Exa API.