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PUBLIC SCHOOLS v. DEPT. OF EMPLOYMENT SERV.

No. 13-AA-630.

95 A.3d 1284 (2014)

DISTRICT OF COLUMBIA PUBLIC SCHOOLS, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, and Colicchio Proctor, Intervenor.

District of Columbia Court of Appeals.

Decided July 31, 2014.

Attorney(s) appearing for the Case

Stacy L. Anderson , Senior Assistant Attorney General, with whom Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Loren L. Alikhan , Deputy Solicitor General, were on the brief for petitioner.

Irvin B. Nathan , Attorney General for the District of Columbia, Eugene Dams , Principal Deputy Attorney General, Tonya Sapp , General Counsel, and Rhesha Lewis-Plummer , Assistant Attorney General, filed a statement in lieu of brief for respondent.

Harold L. Levi , with whom Steven M. Zelinger , Washington Township, NJ, was on the brief, for intervenor.

Before BLACKBURNE-RIGSBY and BECKWITH, Associate Judges, and KING, Senior Judge.

KING, Senior Judge:

District of Columbia Public Schools ("DCPS") seeks review of an order of the Compensation Review Board ("the Board") which upheld a common law treating physician preference in public-sector workers' compensation cases. DCPS contends that the Board erred as a matter of law in holding that the repeal of a statutory treating physician preference revived the common law rule, where the legislature's intent was to abolish the preference in public sector...

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