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WMATA v. DEPT. OF EMPLOYMENT SERVICES

No. 02-AA-707.

827 A.2d 35 (2003)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Harold Spencer, Intervenor.

District of Columbia Court of Appeals.

Decided June 26, 2003.

Attorney(s) appearing for the Case

Gerard J. Stief, Associate General Counsel, with whom Cheryl Burke, General Counsel, Robert J. Kniaz, Deputy General Counsel, and Donna J. Henderson, Assistant General Counsel, were on the brief, for petitioner.

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

Arabella W. Teal, Interim Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, filed a statement in lieu of brief, for respondent.

Before WAGNER, Chief Judge, and SCHWELB and REID, Associate Judges.

REID, Associate Judge:

Petitioner Washington Metropolitan Area Transit Authority ("WMATA") filed a petition for review of a decision of the Director of the Department of Employment Services ("the Director") affirming a compensation order in favor of intervenor Harold Spencer ("Mr. Spencer"). We affirm the decision of the Director. We hold that the Director and the Administrative Law Judge ("ALJ") applied the correct legal standard governing the presumption of compensability...

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