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Young v. District of Columbia Dep't of Employment Services1/6/2005
Mr. Young had demonstrated a causal connection between his injury and his employment, instead finding that Mr. Young had failed to show a causal connection between the two. The Director reached this result based on his independent review of the medical reports presented by Mr. Young and Flippo. The Director stated, " review of Dr. Rabbitt's medical reports reveals that while he recorded the Claimant's complaints, the findings on physical examination of the Claimant, as well as his diagnosis and recommended course of treatment, Dr. Rabbitt did not indicate whether the Claimant's current shoulder complaints were related to the July 24, 2000 work injury." In drawing this conclusion, the director failed to take full heed of Dr. Rabbitt's complete medical records and notes, including that of August 15, 2000, relating Mr. Young's shoulder injury to the lifting of the stumps and noting his impression that Mr. Young suffered a rotator cuff tear. It also discounts the fact Judge Calmeise's conclusion was " ased upon the medical evidence together with [Mr. Young's] testimony, [all of which caused the Judge to determine that] claimant presents sufficient credible and unrebutted evidence that he did sustain an injury on June (sic) 24, 2000 which is causally related to his work . . . ." Moreover, even though Dr. Hughes does not mention the July 24, 2000 accident in the section of his report entitled, "History of Injury," the director nevertheless credits Dr. Hughes report above that of Mr. Young's treating physician.
Where, as in a situation like this, Judge Calmeise examined Mr. Young's evidence and concluded that there was a causal connection between his injury and his employment, the Director was not at liberty to re-examine the evidence and reach a different result. As we said in Washington Vista Hotel v. District of Columbia Dep't of Employment Servs., 721 A.2d 574 (D.C. 1998), " he director may not consider the evidence de novo and make factual findings different from those of the examiner; rather, may reverse the examiner's decision only when it is not supported by substantial evidence." Id. at 578 (citations omitted). We conclude that Dr. Rabbitt's medical opinion, which was based on his medical examination of Mr. Young and the second MRI, in conjunction with Mr. Young's testimony describing the extent, nature, and cause of his shoulder pain, provided Judge Calmeise with "substantial evidence" to draw the conclusion that his injury was causally related to his employment with Flippo. Given the existence of this "substantial evidence," the Director should not have independently "consider the evidence de novo" thereby "substitut his judgment" for that of Judge Calmeise. Marriott, 834 A.2d at 885, 887.
Accordingly, for the foregoing reasons, we reverse the Director's decision and remand the case to the agency for further proceedings consistent with this opinion.
So ordered.
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