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Sibley Memorial Hospital v. District of Columbia Department of Employment Services8/29/2002
ighing the evidence, concluded that because Mr. Ghafoor's 1995 work injury had resolved, and had not recurred, the 1996 incident was not work-related, but caused by his forty-mile drive to visit his family on November 10, 1996.
Sibley did not contest that the presumption of compensability was properly invoked, nor does it on appeal. Rather, Sibley argued before the agency and argues now that the presumption was rebutted and the examiner's further findings substantially supported by the claimant's admission that his "principal difficulty" with his back was caused by driving (and not by sitting at work) and the opinions and assessments of his treating physicians that his injuries were due to his driving long distances. The legal issue is whether this evidence was "sufficient and comprehensive enough" to rebut the presumption. We hold that it was not. Mr. Ghafoor's statement that he experienced the most back pain while driving does not negate that he had continuing back pain since he injured his back on 1995. See Davis-Dodson v. District of Columbia Dep't of Employment Servs., 697 A.2d 1214, 1219 (D.C. 1997) (evidence "consistent with" pre-existing condition insufficient to rebut presumption). Although an employer need not introduce its own medical experts in every case, and may rely on the opinion of the claimant's physicians, their statements in this case do not help Sibley overcome the presumption of compensability. To the contrary, Mr. Ghafoor's doctors expressly opined that his 1996 injury was causally related to the 1995 injury, which had been aggravated by his driving. Moreover, their medical records supported Mr. Ghafoor's testimony that his back had continued to trouble him throughout 1996 and that his 1995 work-related injury was recurrent, as Mr. Ghafoor continued to seek treatment for his back pain in June and October of 1996, confirmed by an MRI on November 6, 1996 - all before the November 10, 1996 incident.
Sibley's argument, adopted by the hearing examiner, that Mr. Ghafoor's 1995 work injury had resolved, and that he suffered a "new injury" on November 10, 1996, caused by driving forty miles on that day was unsupported by his admission that his "principal difficulty" with his back was caused by driving, and contradicted by medical testimony. It also appears otherwise unfounded if one considers Mr. Ghafoor's uncontested testimony that he had been driving a considerable distance to and from work without major incident for over one year after his 1995 work injury. Therefore, we agree with the Director that the employer did not present rebuttal evidence "specific and comprehensive enough" to sever the causal connection between the back injury claimant suffered on November 10, 1996 and his 1995 work-related injury. Whittaker, 668 A.2d at 847. In remanding the case, the Director noted that neither Sibley in its submissions, nor the hearing examiner in denying the claim, addressed whether Mr. Ghafoor's commute aggravated his 1995 back injury. As the employer has not sustained its initial burden, however, there is no need for a remand. Where the presumption of compensability is not rebutted, "the compensation claim will be deemed to fall within the purview of the statute," and the claimant is entitled to compensation. Parodi, 560 A.2d at 526.
So ordered.
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