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DUNSTON v. DEPT. OF EMPLOYMENT SERVICES

No. 84-1620.

509 A.2d 109 (1986)

Otis DUNSTON, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, The George Hyman Construction Company, Intervenor.

District of Columbia Court of Appeals.

Decided May 22, 1986.

Attorney(s) appearing for the Case

George E. Swegman, Washington, D.C., for petitioner.

Edward E. Schwab, Asst. Corp. Counsel, with whom Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Lutz Alexander Prager, Asst. Corp. Counsel, Washington, D.C., were on brief, for respondent.

Fred S. Sommer, Washington, D.C., for intervenor.

Before NEBEKER, NEWMAN and FERREN, Associate Judges.

NEBEKER, Associate Judge:

Petitioner Otis Dunston appeals a decision of the Department of Employment Services (DOES) denying his claim for workers compensation benefits. He contends that the hearing examiner erred in not applying the statutory presumption of compensability to his claim and that the final order denying benefits is not supported by substantial evidence. We find no error and affirm.

On August 5, 1982, petitioner was hit by a falling sledge hammer...

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