Legal Opinion

Washington Post v. District of Columbia Department of Employment Services

District of Columbia Court of Appeals

Decided June 3, 2004No. 01-AA-1478PublishedCited by 20 opinions

1Opinion of the CourtGlickman, Associate J.

This appeal presents a single issue that recurs frequently in our workers’ compensation cases: whether an employer has presented sufficient evidence to overcome the statutory presumption of a causal relationship between an employee’s disability and an injury the employee sustained at work. We hold that an employer has met its burden to rebut the presumption of causation when it has proffered a qualified independent medical expert who, having exanlined the employee and reviewed the employee’s medical records, renders an unambiguous opinion that the work injury did not contribute to the…

2Cases cited8 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Ferreira v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1987
  3. Wagner v. Georgetown University Medical CenterDistrict of Columbia Court of Appeals · 2001
  4. Stewart v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1992
  5. Washington Hospital Center v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2000

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3Cited by20 opinions

  1. McCamey v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2008
  2. Georgetown University v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2009
  3. Sinobia Newell-Brinkley v. Diana Haines WaltonDistrict of Columbia Court of Appeals · 2014
  4. Dillon v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2006
  5. Jackson v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2009

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