Legal Opinion · Concurrence
Jackson v. District of Columbia Department of Employment Services
District of Columbia Court of Appeals
Decided September 4, 2008No. 05-AA-1114Published
1ConcurrenceNebeker, Senior Judge
I agree that the ALJ’s conclusions do not “flow rationally from the facts.” Georgetown Univ. Hosp. v. D.C. Dep’t of Employment Servs., 929 A.2d 865, 869 (D.C.2007). As the opinion of the court points out, the ALJ’s order is internally inconsistent. The ALJ bases her conclusion that Dr. Yousafs testimony is entitled to limited weight on the ground that petitioner had not provided him with a fulsome medical history. Yet, the ALJ fails to consider and reconcile the fact that during his deposition, Dr. Yousaf is informed of petitioner’s medical history and reaffirms his diagnosis after being…
2Cases cited7 opinions
- Giles v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2000
- Upchurch v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2001
- Olson v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1999
- Mexicano v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2002
- Kralick v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2004
2 more not listed; retrieve them via the Exa API.