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Markus Jahr v. District of Columbia Office of Employee Appeals

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Argued April 22, 2010

Before WASHINGTON, Chief Judge, and FISHER and BLACKBURNE-RIGSBY, Associate Judges.

Petitioner, Markus Jahr, was terminated from his position as a paramedic with the District of Columbia Fire and Emergency Medical Services Department (“Department”) for dishonesty and inexcusable neglect of duty. On petition from a decision of the Board of the Office of Employee Appeals (“OEA”) upholding his termination, Jahr contends that the OEA erred in ruling that the District was not bound by a prior decision of the Office of Unemployment Compensation that found that his conduct did not constitute misconduct sufficient to deny him unemployment compensation benefits. Jahr also contends that the OEA’s factual findings are not supported by substantial evidence in the record. We disagree and affirm the OEA’s decision because (1) the OEA properly denied the application of preclusive effect to rulings made in the prior unemployment compensation proceeding; and (2) the OEA’s decision to terminate Jahr is based on substantial evidence in the record.

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