Combs v. District of Columbia Department of Employment Services

Summary

The District of Columbia Court of Appeals affirmed a Compensation Review Board decision awarding David H. Combs a 1% permanent partial disability for a 1991 work-related shoulder and arm injury. The court held that substantial evidence supported the administrative finding that the more serious injury and subsequent surgery were attributable to a 1996 accident, for which Combs's claim was time-barred. The court noted concerns with aspects of the administrative law judge's reasoning but concluded that those deficiencies did not undermine the dispositive findings.

Holdings

1. The ALJ's finding that the accident resulting in Combs's surgery and other significant difficulties occurred in 1996, and not in 1991, was supported by substantial evidence.
2. The 1% permanent partial disability finding was not shown to lack substantial evidentiary support, and the court affirmed it.

Questions Presented

1. Whether the ALJ's finding that Combs's surgery-related injury and substantial disability resulted from a 1996 accident rather than the 1991 accident was supported by substantial evidence.
2. Whether the ALJ's award of a 1% permanent partial disability for the 1991 injury lacked substantial evidentiary support.

Disposition

affirmed