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COMBS v. DEPT. OF EMPLOYMENT SERVICES

No. 08-AA-1403.

983 A.2d 1004 (2009)

David H. COMBS, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Washington Metropolitan Area Transit Authority, Intervenor.

District of Columbia Court of Appeals.

Decided November 25, 2009.

Attorney(s) appearing for the Case

Matthew J. Peffer, Greenbelt, MD, for petitioner.

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

Peter J. Nickles, Acting Attorney General for the District of Columbia at the time the brief was filed, and Todd S. Kim, Solicitor General, Donna M. Murasky, Deputy Solicitor General, and Holly M. Johnson, Assistant Attorney General, filed a statement in lieu of brief, for respondent.

Before THOMPSON, Associate Judge, and STEADMAN and SCHWELB, Senior Judges.

SCHWELB, Senior Judge:

On May 5, 2008, following an evidentiary hearing, an Administrative Law Judge (ALJ) of the District of Columbia Department of Employment Services (DOES) issued a Compensation Order in which she held that claimant David H. Combs, formerly a bus driver for WMATA, had sustained only a 1% disability to his right arm as a result of an on-duty accident that occurred on August 24, 1991. Combs appealed from the ALJ's decision to the Compensation Review...

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