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MCNEAL v. EMPLOYMENT SERVICES

No. 05-AA-931.

917 A.2d 652 (2007)

Walter L. McNEAL, Jr., Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Washington Metropolitan Area Transit Authority, Intervenor.

District of Columbia Court of Appeals.

Decided February 22, 2007.

Attorney(s) appearing for the Case

Benjamin T. Boscolo, Greenbelt, Maryland, for petitioner.

Robert J. Spagnoletti, Attorney General for the District of Columbia at the time the statement was filed, and Edward E. Schwab, Deputy Attorney General, filed a statement in lieu of brief for respondent.

Donna J. Henderson, Associate General Counsel, with whom Carol B. O'Keeffe, General Counsel, and Mark F. Sullivan, Deputy General Counsel, were on the brief, for intervenor.

Before FISHER, BLACKBURNE-RIGSBY, and THOMPSON, Associate Judges.

FISHER, Associate Judge:

This case arises from the denial of petitioner's claim for workers' compensation benefits. Concluding that the Department of Employment Services "misapprehended the statutory presumption favoring causation," Whittaker v. District of Columbia Dep't of Employment Servs., 668 A.2d 844, 844 (D.C.1995), we reverse and remand for further proceedings.

I. The Factual and Procedural Background

...

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