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SHORT v. DISTRICT OF COLUMBIA DOES

No. 97-AA-1504.

723 A.2d 845 (1998)

Stephen SHORT, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent and Washington Metropolitan Area Transit Authority, Intervenor.

District of Columbia Court of Appeals.

Decided November 30, 1998.

Attorney(s) appearing for the Case

Carolyn McKenney, Washington, DC, was on the brief, for petitioner.

Jo Anne Robinson, Principal Deputy Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, filed a statement in lieu of brief for respondent.

Michael D. Dobbs, with whom Ann Wittik-Bravmann, Bowie, MD, was on the brief, for intervenor.

Before TERRY and REID, Associate Judges, and NEWMAN, Senior Judge.

NEWMAN, Senior Judge:

In an August 15, 1997 decision, the Director of the Department of Employment Services ("Director") affirmed a Hearing Examiner's compensation order denying Stephen Short a modification of benefits. Mr. Short appealed, contending: (1) that the Hearing Examiner did not accord the proper weight to the treating physicians' testimony; and (2) that the Hearing Examiner failed to apply the statutory presumption that the injury comes under the District...

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