Rachael B. Storey v. DOES & The Catholic Univ. & Liberty Mutual Ins. Co., 162 A.3d 793

Rachael Storey claimed workplace injuries from mold and chemical exposure while employed at Catholic University; she submitted medical records, physician reports, environmental testing, photos, and testimony.
ALJ Linda F. Jory denied benefits after finding Storey not credible and concluding she failed to present "credible" evidence to trigger the statutory presumption of compensability; ALJ therefore made no findings on the employer’s rebuttal evidence.
The Compensation Review Board (CRB) affirmed by a 2–1 vote, agreeing that the ALJ could deny the presumption based on credibility and that remand was unnecessary because the ALJ’s credibility finding would be dispositive.
A dissent on the CRB argued the presumption should be afforded regardless of claimant credibility and identified independent documentary and medical evidence supporting a prima facie case.
The D.C. Court of Appeals reversed: it held an ALJ may not make credibility determinations at the initial presumption stage and remanded for the ALJ to apply the presumption and then determine whether the employer rebuts it with substantial evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an ALJ may make credibility findings and weigh evidence when deciding if claimant met the low "some evidence" threshold to invoke the statutory presumption of compensability	Storey: Credibility is irrelevant at the prima facie stage; she presented some evidence of injury and workplace exposure, so presumption must attach	Catholic Univ.: ALJ may assess credibility and deny the presumption if claimant’s evidence is not credible	Court: ALJ may not evaluate credibility or weigh evidence at the initial presumption stage; if claimant presents some evidence of injury and a work-related event, presumption attaches
Whether the CRB could decline to remand because the ALJ’s credibility finding made remand futile	Storey: Remand required because record contains objective medical and environmental evidence independent of her testimony	Catholic Univ.: No remand needed because ALJ’s credibility ruling would be dispositive even if presumption were applied	Court: Remand required; ALJ failed to assess employer rebuttal and improperly discounted objective evidence tied to prima facie showing

Georgetown Univ. v. District of Columbia Dep’t of Emp’t Servs., 830 A.2d 865 (D.C. 2003) (articulates threshold/"initial demonstration" standard for presumption)
Ferreira v. District of Columbia Dep’t of Emp’t Servs., 531 A.2d 651 (D.C. 1987) (explains low "some evidence" showing and humanitarian purpose of presumption)
Wash. Post v. District of Columbia Dep’t of Emp’t Servs., 852 A.2d 909 (D.C. 2004) (describes burden-shifting once presumption applies)
McNeal v. District of Columbia Dep’t of Emp’t Servs., 917 A.2d 652 (D.C. 2007) (distinguishes physical-injury claims as not requiring expert causation to invoke presumption)
Murray v. District of Columbia Dep’t of Emp’t Servs., 765 A.2d 980 (D.C. 2001) (discussed by CRB but did not decide the precise issue whether credibility may be considered at presumption stage)
Ramey v. District of Columbia Dep’t of Emp’t Servs., 997 A.2d 694 (D.C. 2010) (sets burden framework for "mental-mental" claims and notes different treatment for psychological injuries)