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WHITTAKER v. DEPT. OF EMPLOYMENT SERVICES

No. 94-AA-749.

668 A.2d 844 (1995)

Charles WHITTAKER, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Crane Rental Company, Inc., and PMA Group, Intervenors.

District of Columbia Court of Appeals.

Decided December 18, 1995.

Attorney(s) appearing for the Case

Mark L. Schaffer, Washington, DC, for petitioner.

Charles L. Reischel, Deputy Corporation Counsel, with whom Garland Pinkston, Jr., Acting Corporation Counsel at the time, filed a statement in lieu of brief, for respondent.

Christopher C. Fogleman, Rockville, MD, for intervenors.

Before FERREN, TERRY, and FARRELL, Associate Judges.

FARRELL, Associate Judge:

As we have had to do from time to time in past cases,1 we must remand this claim for workers' compensation to the Department of Employment Services (DOES) because the hearing examiner, in denying petitioner benefits, misapprehended the statutory presumption favoring causation. See D.C.Code § 36-321(1) (1993). In concluding that the presumption "has no present applicability," the examiner appears to...

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