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GEORGETOWN UNIV. v. DC DEPT. OF EMP. SERVS.

No. 08-AA-1395.

985 A.2d 431 (2009)

GEORGETOWN UNIVERSITY, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and John Banini, Intervenor.

District of Columbia Court of Appeals.

Decided December 17, 2009.

Attorney(s) appearing for the Case

Jeffrey W. Ochsman, Washington, DC, for petitioner.

Douglas K. Allston, Jr., Greenbelt, MD, for intervenor.

Peter J. Nickles, Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, Donna M. Murasky, Deputy Solicitor General, and David A. Hyden, Assistant Attorney General, filed a statement in lieu of brief, for respondent.

Before RUIZ and THOMPSON, Associate Judges, and NEBEKER, Senior Judge.

NEBEKER, Senior Judge:

Georgetown University petitions for review of the Compensation Review Board (CRB)'s affirmance of an Administrative Hearings Division (AHD) order granting intervenor John Banini temporary total disability benefits. Because the AHD incorrectly applied the treating-physician preference and the CRB affirmed based on a misperception of the AHD's fact-finding, we reverse and remand.

I.

Banini, who had pre-existing spinal stenosis...

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