employer has rebutted presumption (District of Columbia) · Go Syfert
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employer has rebutted presumption in District of Columbia

6 District of Columbia opinions name it 1 courts 1995–2022 2 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Whittaker v. District of Columbia Department of Employment Servicesgreen
dc · 1995 · cited in 2 District of Columbia opinions naming this issue, 1997–2002
2 sentences

2002The examiner must presume a causal relation between the present disability and the work-related injury, unless “the employer has rebutted the presumption by ‘evidence specific and comprehensive enough to sever the potential connection’ between the two.” Id. at 847 (emphasis added) (quoting Parodi v. District of Columbia Dep’t of Employment Servs., 560 A.2d 524, 526 (D.C.1989)); see also Brown v. District of Columbia Dep’t of Employment Servs., 700 A.2d 787, 791 (D.C.1997) (stating that burden shifts to employer to produce “substantial evidence” demonstrating that the disability did not arise o

1997See also Baker, supra, 611 A.2d at 550 (requiring a presumption that claimant’s lower back disability was causally related to an earlier job-related accident rather than solely to his pre-existing osteoarthritis). • The examiner is thus required “to view the causal relation between a present disability and a job-related injury through the lens, as it were, of the statutory presumption, unless the employer has rebutted the presumption by evidence specific and comprehensive enough to sever the potential connection between the two.” Whittaker, supra, 668 A.2d at 847 (citations omitted). 5 B.

22
Parodi v. District of Columbia Department of Employment Servicesgreen
dc · 1989 · cited in 2 District of Columbia opinions naming this issue, 1995–2002
2 sentences

2002The examiner must presume a causal relation between the present disability and the work-related injury, unless “the employer has rebutted the presumption by ‘evidence specific and comprehensive enough to sever the potential connection’ between the two.” Id. at 847 (emphasis added) (quoting Parodi v. District of Columbia Dep’t of Employment Servs., 560 A.2d 524, 526 (D.C.1989)); see also Brown v. District of Columbia Dep’t of Employment Servs., 700 A.2d 787, 791 (D.C.1997) (stating that burden shifts to employer to produce “substantial evidence” demonstrating that the disability did not arise o

1995Parodi, 560 A.2d at 526 (citation omitted).

22
Lincoln Hockey, LLC v. District of Columbia Department of Employment Servicesgreen
dc · 2003 · cited in 1 District of Columbia opinions naming this issue, 2018–2018
1 sentence

2018See Stewart v. District of Columbia Dep't of Emp't Servs. , 606 A.2d 1350 , 1353 (D.C. 1992) ("[I]n assessing the weight of competing medical testimony in worker compensation cases, attending physicians are ordinarily preferred as witnesses to those doctors who have been retained to examine the claimant solely for purposes of litigation.") Lincoln Hockey, LLC v. District of Columbia Dep't of Emp't Servs. , 831 A.2d 913 , 920 (D.C. 2003) (treating physician "admittedly did not know [claimant's] full history of head trauma, prior headaches and related symptoms, nor that [claimant] engaged in a v

11
Stewart v. District of Columbia Department of Employment Servicesgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 2018–2018
1 sentence

2018See Stewart v. District of Columbia Dep't of Emp't Servs. , 606 A.2d 1350 , 1353 (D.C. 1992) ("[I]n assessing the weight of competing medical testimony in worker compensation cases, attending physicians are ordinarily preferred as witnesses to those doctors who have been retained to examine the claimant solely for purposes of litigation.") Lincoln Hockey, LLC v. District of Columbia Dep't of Emp't Servs. , 831 A.2d 913 , 920 (D.C. 2003) (treating physician "admittedly did not know [claimant's] full history of head trauma, prior headaches and related symptoms, nor that [claimant] engaged in a v

11
Brown v. District of Columbia Department of Employment Servicesgreen
dc · 1997 · cited in 1 District of Columbia opinions naming this issue, 2002–2002
1 sentence

2002The examiner must presume a causal relation between the present disability and the work-related injury, unless “the employer has rebutted the presumption by ‘evidence specific and comprehensive enough to sever the potential connection’ between the two.” Id. at 847 (emphasis added) (quoting Parodi v. District of Columbia Dep’t of Employment Servs., 560 A.2d 524, 526 (D.C.1989)); see also Brown v. District of Columbia Dep’t of Employment Servs., 700 A.2d 787, 791 (D.C.1997) (stating that burden shifts to employer to produce “substantial evidence” demonstrating that the disability did not arise o

11
Baker v. District of Columbia Department of Employment Servicesgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997See also Baker, supra, 611 A.2d at 550 (requiring a presumption that claimant’s lower back disability was causally related to an earlier job-related accident rather than solely to his pre-existing osteoarthritis). • The examiner is thus required “to view the causal relation between a present disability and a job-related injury through the lens, as it were, of the statutory presumption, unless the employer has rebutted the presumption by evidence specific and comprehensive enough to sever the potential connection between the two.” Whittaker, supra, 668 A.2d at 847 (citations omitted). 5 B.

1997See also Baker, supra, 611 A.2d at 550 (requiring a presumption that claimant’s lower back disability was causally related to an earlier job-related accident rather than solely to his pre-existing osteoarthritis). • The examiner is thus required “to view the causal relation between a present disability and a job-related injury through the lens, as it were, of the statutory presumption, unless the employer has rebutted the presumption by evidence specific and comprehensive enough to sever the potential connection between the two.” Whittaker, supra, 668 A.2d at 847 (citations omitted). 5 B.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Washington Post v. District of Columbia Department of Employment Services green
dc · 2004
2 sentences

2022Claimant’s Burden In order to prevail after the employer has rebutted the presumption, the claimant must prove — by a preponderance of the evidence and without benefit of the presumption — “that a work-related injury caused or contributed to his or her disability.” Wash. Post, 852 A.2d at 911 .

2022Claimant’s Burden In order to prevail after the employer has rebutted the presumption, the claimant must prove — by a preponderance of the evidence and without benefit of the presumption — “that a work-related injury caused or contributed to his or her disability.” Wash. Post, 852 A.2d at 911 .

22022–2022

Where else courts name it

DC 6 (1995–2022) AK 2 (1993–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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