McCamey v. District of Columbia Dep't of Employment Services

The D.C. Court of Appeals, after an en banc hearing, reversed a decision of the Director of the D.C. Department of Employment Services denying the petitioner's workers' compensation claim for psychological injuries that she alleged resulted from an accidental physical injury suffered in the course of her employment. A three-judge division of the appeals court affirmed the director's decision, holding that the director's application of an objective test to workers' compensation claims involving psychological injuries was consistent with this court's prior decisions. The court subsequently granted the petition for rehearing en banc to consider whether application of an objective standard, as currently defined, to psychological injuries that are related to work-related physical injuries was consistent with the language and purpose of the court's workers' compensation law. Concluding that it was not, the court reversed.

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Argued en banc November 30, 2006

Before WASHINGTON, Chief Judge, and FARRELL, RUIZ, REID, GLICKMAN, KRAMER, FISHER, BLACKBURNE-RIGSBY, and THOMPSON,Associate Judges.

Charlene McCamey petitioned this court to review a decision of the Director of the District of Columbia Department of Employment Services (D.C. DOES) that denied her workers’ compensation claim for psychological injuries she alleges resulted from an accidental physical injury suffered in the course of her employment. A three-judge division of this court affirmed the Director’s decision, holding that the Director’s application of an objective test to workers’ compensation claims involving psychological injuries was consistent with this court’s prior decisions. We granted Ms. McCamey’s petition for rehearing en banc to consider whether application of an objective standard, as currently defined, to psychological injuries that are related to work-related physical injuries is consistent with the language and purpose of our workers’ compensation law. We conclude that it is not and accordingly must reverse.

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