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On Petition for Review of a Decision of the District of Columbia Department of Employment Services

Argued June 28, 2001

Petitioners *fn1 entered into a lump sum settlement agreement with an employee who suffered an on-the-job injury. The employee had a pre-existing condition which resulted in a substantially greater disability than would have been caused by the injury alone. Petitioners seek review here of a decision by the Director of the Department of Employment Services (“DOES”) denying them Special Fund relief under the District of Columbia Workers’ Compensation Act of 1979 (“WCA”), D.C. Code � 36-301, et seq. (1997 Repl. & March 2000 Supp.). Because the rationale for the Director’s decision turns on a case whose holding she misread, we must remand the matter for further agency proceedings.

 
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