District of Columbia Department of Mental Health v. District of Columbia Department of Employment Services
15 A.3d 692
| D.C. | 2011Background
- LaJuain Rogers, a DMH employee, alleged work-related carpal tunnel syndrome from her duties lifting pots and other tasks.
- DCP denied disability compensation in 2003 and 2004, concluding no work-related causation.
- Rogers filed multiple DOES hearing applications; several were dismissed without prejudice before a fourth was filed in 2007.
- DMH moved to dismiss the 2007 application as untimely under DC law; ALJ debated timeliness but did not resolve it in the Compensation Order.
- ALJ granted temporary total disability benefits, weighing Rogers’s treating physician over independent examiners and stating Rogers bore the burden of substantial evidence.
- CRB upheld the order despite omitting timeliness analysis; this court remands on timeliness and correct standard-of-proof grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the fourth application | Rogers timely filed fourth application after prior dismissal. | Fourth application filed after a long delay violated § 1-623.22(a). | Remand to address timeliness and proper legal standard. |
| Correct standard of proof | ALJ properly applied preponderance standard. | ALJ applied substantial evidence standard. | Remand to apply proper preponderance standard. |
Key Cases Cited
- Georgetown Univ. Hosp. v. District of Columbia Dep't of Employment Servs., 916 A.2d 149 (D.C.2007) (requires reasoned consideration of material facts and issues)
- Georgetown Univ. v. District of Columbia Dep't of Employment Servs., 971 A.2d 909 (D.C.2009) (standard of review and deference to agency interpretation)
- Washington Metro. Area Transit Auth. v. District of Columbia Dep't of Employment Servs., 992 A.2d 1276 (D.C.2010) (remand when ALJ failed to apply proper burden or standard)
- McCamey v. District of Columbia Dep't of Employment Servs., 947 A.2d 1191 (D.C.2008) (burden on claimant to prove work-related disability by preponderance)
- Kralick v. District of Columbia Dep't of Employment Servs., 842 A.2d 705 (D.C.2004) (no presumption of causation in CMPA cases)