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POTOMAC ELEC. POWER CO. v. DCDOES

No. 02-AA-1325.

835 A.2d 527 (2003)

POTOMAC ELECTRIC POWER COMPANY, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Richard V. Drake, Intervenor.

District of Columbia Court of Appeals.

Decided November 13, 2003.

Attorney(s) appearing for the Case

Kevin J. O'Connell, Rockville, MD, for petitioner.

Arabella W. Teal, Interim Corporation Counsel at the time the Statement was filed, and Charles L. Reischel, Deputy Corporation Counsel at the time the Statement was filed, filed a Statement in Lieu of Brief, for respondent.

Benjamin T. Boscolo, Greenbelt, MD, for intervenor.

Before SCHWELB and WASHINGTON, Associate Judges, and PRYOR, Senior Judge.

SCHWELB, Associate Judge:

Reversing a ruling in favor of the employer by an Administrative Law Judge (ALJ) of the District of Columbia Department of Employment Services (DCDOES), and concluding that the medical opinion of Joel Fechter, M.D., an orthopedist retained by claimant Richard Drake's counsel, was uncontradicted while the assessment by Michael Joly, M.D. the treating physician, was erroneous as a matter of law, the agency's Director awarded Drake permanent...

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