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Upchurch v. District of Columbia Dept. of Employment Services

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Petition for Review of a Decision of the Department of Employment Services, Office of the Director

Argued September 13, 2001

Petitioner, Robert Upchurch, appeals the decision of the Director of the District of Columbia Department of Employment Services to affirm the denial of disability benefits to Upchurch under the District of Columbia Workers’ Compensation Act (Act). Upchurch’s claim for disability compensation arose from an on-the-job work injury, which occurred while he was employed with The Washington Post (Post). Upchurch alleges that the Director erred, as a matter of law, when he concluded that because Upchurch had been terminated from his employment with the Post, there was substantial evidence for the hearing examiner to conclude that he had no compensable wage loss due to his work injury. Upchurch also contends that the hearing examiner erred, as matter of law, in concluding that there was no medical evidence that Upchurch had been disabled due to his injury without considering the deposition testimony to the contrary of one of Upchurch’s treating physicians. We remand the case to the agency for consideration of the entire record and to determine the basis for the Director’s decision affirming the denial of the petitioner’s claim for disability compensation.

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