Parodi v. District of Columbia Department of Employment Services
Parodi v. District of Columbia Department of Employment Services
Opinion of the Court
Petitioner, Peter Parodi, seeks review of a decision of the Director of the Depart
I.
Petitioner, a journeyman electrician, seeks workers’ compensation benefits for expenses incurred as a result of a hernia operation in October 1985.
In his administrative appeal of the compensation order, petitioner argued that the hearing examiner had failed to apply the presumption of compensability of D.C.Code § 36-321(1) (1988),
II.
The D.C. Workers’ Compensation Act’s presumption of compensability, D.C.Code § 36-321(1) (1988), was “designed to effec
Although this court will uphold DOES’s reasonable interpretation of the statutory scheme it administers, we will not affirm administrative determinations which reflect a faulty application of the law. Jones v. District of Columbia Dep’t of Employment Servs., 553 A.2d 645, 647 (D.C. 1989); Thomas v. District of Columbia Dep’t of Labor, 409 A.2d 164, 169 (D.C. 1979). Contrary to the Director’s ruling, we conclude that the evidence set forth at the hearing was sufficient as a matter of law both for the agency to invoke the statutory presumption of compensability and for petitioner to prevail on the issue of work-relatedness. Petitioner and his supervisor both testified that on January 15, 1985, petitioner had engaged in unusually heavy lifting, a work-related event. The medical evidence provided in Dr. O’Donnell’s letter demonstrated that petitioner had suffered a hernia and that the January 15th incident may have caused, i.e., had “the potential of resulting in,” petitioner’s hernia. See Ferreira, 531 A.2d at 655 (emphasis omitted). Furthermore, the employer’s own medical evidence, namely the two reports by Dr. Hartsock, not only failed to rebut the presumption but were consistent with, if not more favorable to petitioner, than Dr. O’Donnell’s letter. The Director’s ruling to the contrary, assuming arguendo the presumption applied and finding the presumption rebutted, was legally erroneous.
Accordingly, because the DOES decision was “not in accordance with law,” D.C. Code § 1-1510(a)(3)(A) (1987); cf. Green v. District of Columbia Dep’t of Employment Servs., 499 A.2d 870, 878 (D.C. 1985), we must reverse and remand the case to the Director for further proceedings consistent with this opinion. In light of our conclusion that petitioner was entitled to a presumption of compensability and that that presumption was unrebutted by the employer’s evidence, the issue of work-relatedness requires no further consideration.
Reversed and remanded.
. Petitioner specifically asks for temporary total disability benefits to reimburse his company for wages paid him during his four week absence from November 4, 1985, to December 2, 1985, and for all of his medical expenses.
. A second issue before the hearing examiner was whether petitioner had provided Singleton with timely notice of his injury. Because the hearing examiner concluded that petitioner had failed to prove work-relatedness, the compensation order never reached the notice issue.
. D.C.Code § 36-321(1) (1988) provides:
In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of evidence to the contrary:
(1) That the claim comes within the provisions of this chapter....
.The Director’s decision reversed and vacated a prior decision in this case, which the Director had issued on February 9, 1988. In the earlier decision, the Director had applied the presumption of compensability to petitioner’s claim and concluded that his hernia was work-related. This February order, which was vacated before it took effect, had then remanded the case to the hearing examiner for a determination of the notice issue and any other issue requiring resolution.
. Our dissenting colleague would remand for application of the presumption of compensability but would not foreclose consideration of additional evidence from the employer on the issue of work-relatedness. Under the circumstances, that would be inappropriate. The issue of work-relatedness was before the hearing examiner; the employer, electing to call no witnesses, introduced two medical reports on that subject. At no time before the examiner’s issuance of the compensation order did the employer move to reopen the record to submit additional evidence. See 7 DCMR § 223.4 (1986). Nor did the employer within 45 days of petitioner’s application for review of the compensation order request leave from the Director to adduce additional evidence, even though petitioner’s claim on administrative appeal was that the employer’s evidence at the hearing did not rebut the presumption of compensability. See id. at § 230.5 (movant must show reasonable grounds for failure to present the evidence at the initial hearing). The Director of DOES, after a review of the record properly before her, assumed arguendo the presumption of compens-ability and ruled that petitioner’s injury was not work-related. Accordingly, the work-relatedness issue was squarely presented on appeal, and we have had to deal with the Director’s merits ruling. In contrast, in Jones v. District of Columbia Dep’t of Employment Servs., 553 A.2d 645, 647 (D.C. 1989), cited by the dissent, we declined to rule on the admissibility of a deposition, reserving that issue for the Director on remand, where that issue had not previously been addressed by the Director nor was it before us on appeal. Moreover, contrary to the implication of the dissent, nothing in our opin
Concurring in Part
concurring in part and dissenting in part:
I concur in the judgment of reversal and remand, and I join in Judge Ferren’s opinion except for the last two sentences and footnote 5. I part company with my colleagues over their refusal to allow the employer, on remand, to present additional evidence (if it has any) on the issue of work-relatedness.
At this stage of the proceedings, we simply do not know if the employer has any other evidence which it failed to offer at the hearing, whether because of the examiner’s erroneous ruling or for some other reason. Since we are remanding the case to the Department for further proceedings, I see no reason to foreclose the employer from presenting at the remand hearing any additional evidence it may have — including any evidence it may have obtained in the two and a half years since the earlier hearing — to overcome the statutory presumption of compensability. See D.C.Code § 36-321(1) (1988). Realistically, I doubt that the employer has such evidence, but I am not willing to close the door entirely to the possibility that it may exist. I would simply remand the case to the Department for further proceedings, leaving it to the Director (or the hearing examiner, if the case is sent back to him) to determine the course of those proceedings and the issues to be addressed. See, e.g., Jones v. District of Columbia Department of Employment Services, 553 A.2d 645, 647 (D.C. 1989) (on remand “[t]he Director ... is free to reverse her decision ... [and] to determine whether there is any statutory basis for reopening the case before the hearing examiner”); Thomas v. District of Columbia Department of Labor, 409 A.2d 164, 174 (D.C. 1979) (upon holding that the presumption of involuntariness was not overcome, case remanded “for appropriate action consistent with this opinion,” but without further restriction); cf. Lockhart v. Nelson, — U.S. -, 109 S.Ct. 285, 102 L.Ed.2d 265 (1988) (after appellate ruling that certain evidence was inadmissible at trial, retrial is not barred by Double Jeopardy Clause even though, without the inadmissible item, evidence would not have been sufficient to convict; government is free to introduce additional evidence, if it has any, at retrial).
Reference
- Full Case Name
- Peter PARODI, Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, Singleton Electric Company, and the Hartford Accident and Indemnity Company, Intervenors
- Cited By
- 30 cases
- Status
- Published