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Marriott International v. District of Columbia Department of Employment Services10/30/2003
r's decision, in part, because there was no reason for the director to reject or ignore the hearing examiner's credibility finding); see generally George Hyman Constr. Co. v. District of Columbia Dep't of Employment Servs., 498 A.2d 563, 566 (D.C. 1985) (" hearing officer's decisions are especially weighty when they involve credibility determinations"). Rather, the director's decision emphasizes a different set of facts in the record. Even were we to assume that such facts constitute substantial evidence in support of his decision, the director is not at liberty to substitute judgments based on his favored competing body of substantial evidence. Cf. Gary, 723 A.2d at 1209. We conclude that because the ALJ's credibility determination in favor of Dr. Johnson was supported by substantial evidence, the director exceeded his permissible scope of review by disregarding it to come to his own conclusion drawn from an independent review of the record. See Canlas, 723 A.2d at 1211.
Accordingly, we reverse the decision of the director and remand to the agency for a disposition consistent with the findings in the com pensation order.
So ordered.
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