Legal Opinion

McNeal v. District of Columbia Department of Employment Services

District of Columbia Court of Appeals

Decided February 22, 2007No. 05-AA-931PublishedCited by 11 opinions

1Opinion of the Court

FISHER, Associate Judge:

This case arises from the denial of petitioner’s claim for workers’ compensation benefits. Concluding that the Department of Employment Services “misapprehended the statutory presumption favoring causation,” Whittaker v. District of Columbia Dep’t of Employment Servs., 668 A.2d 844, 844 (D.C.1995), we reverse and remand for further proceedings.

I. The Factual and Procedural Background

The evidence establishes that Walter McNeal, Jr., was struck or at least “lightly contacted” by a bus, but there are significantly different versions of what happened. McNeal testified that…

2Cases cited19 opinions

  1. 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
  2. Ferreira v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1987
  3. Oubre v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1993
  4. Swinton v. J. Frank Kelly, Inc.Court of Appeals for the D.C. Circuit · 1976
  5. Washington Metropolitan Area Transit Authority v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1996

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3Cited by11 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. District of Columbia Department of Mental Health v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2011
  4. Golding-Alleyne v. Department of Employment ServicesDistrict of Columbia Court of Appeals · 2009
  5. Vernice Bowles v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 2015

6 more not listed; retrieve them via the Exa API.

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