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JONES v. DEPT. OF EMPLOYMENT SERVICES

No. 89-1290.

584 A.2d 17 (1990)

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

District of Columbia Court of Appeals.

Decided December 19, 1990.

Attorney(s) appearing for the Case

Alan M. Perlman, Silver Spring, Md., for petitioner.

Charles L. Reichel, Deputy Corp. Counsel, with whom Herbert O. Reid, Sr., Corp. Counsel, Washington, D.C., was on the Statement in Lieu of Brief, for respondent.

D. Stephenson Schwinn, Washington, D.C., for intervenor.

Before ROGERS, Chief Judge, and FERREN and FARRELL, Associate Judges.

ROGERS, Chief Judge:

This is the second appeal in a case arising out of a claim for worker's compensation. The Hearing Examiner originally awarded benefits, relying in part on a doctor's report filed after the conclusion of the administrative hearing. The Director reversed, ruling that D.C.Code § 36-320(c) (1981) forbids the Hearing Examiner from admitting post-hearing evidence absent "unusual circumstances." Upon appeal this court remanded the case because the...

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