Georgetown University v. District of Columbia Department of Employment Services

Summary

The District of Columbia Court of Appeals held that the Department of Employment Services Director improperly rejected an Administrative Law Judge’s credibility determination and factual finding that the claimant failed to provide timely notice of her work-related injury. The court reversed the Director’s decision because the ALJ’s finding was supported by substantial evidence, but remanded for consideration of the claimant’s alternative argument concerning causally related medical expenses, which were not barred by the notice requirement.

Holdings

1. The Director improperly rejected the ALJ's finding that Owens failed to provide timely notice because the ALJ reasonably relied on Owens's prior inconsistent interrogatory answer, the absence of corroborating evidence, and credibility considerations. The Director was bound by the ALJ's supported factual findings and could not substitute his own factual judgment merely because he might have reached a different result.
2. The ALJ's determination that Owens failed to provide her employer with timely notice of her injury as required by D.C. Code § 32-1513 was supported by substantial evidence.
3. The case had to be remanded to DOES to decide Owens's alternative claim that causally related medical expenses are not barred by failure to provide timely notice.

Questions Presented

1. Whether the Director of the District of Columbia Department of Employment Services improperly reweighed the evidence and rejected the ALJ's credibility determination in concluding that Owens's testimony established timely notice.
2. Whether substantial evidence supported the ALJ's finding that Owens failed to provide notice within the thirty-day period required by D.C. Code § 32-1513.
3. Whether the case should be remanded for the agency to decide Owens's alternative claim that causally related medical expenses are not barred by failure to provide timely notice.

Disposition

reversed_and_remanded