Waugh v. District Columbia Department of Employment Services

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Argued October 24, 2001

In this worker’s compensation case, which is now more than eleven and one half years old, a DCDOES *fn1 Hearing and Appeals Examiner denied petitioner Barbara Waugh’s claim for benefits for a back condition that Ms. Waugh allegedly sustained, or aggravated, while employed by intervenor Greater Southeast Community Hospital. The examiner found that Ms. Waugh’s back problems were not causally related to an injury to her neck that Ms. Waugh had suffered while working at the hospital on March 13, 1990. The examiner also rejected Ms. Waugh’s alternative claim that the condition complained of was the result of cumulative trauma sustained on the job.

In an administrative appeal to the Director of DCDOES, Ms. Waugh asserted that the examiner had failed to apply the statutory presumption of compensability to Ms. Waugh’s cumulative trauma claim. *fn2 On February 27, 1997, more than three years after Ms. Waugh filed her appeal, the Director affirmed the examiner’s decision. Ms. Waugh then filed a petition for review in this court. We vacate the Director’s decision and remand for further proceedings.

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Waugh v. District Columbia Department of Employment Services

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