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Safeway Stores9/26/2002
right knee pain with an MRI SCAN revealing evidence of meniscal tear." Based on his examination, Dr. Fechter determined that Watson had a sixty-nine percent impairment to the lower left extremity.
In the compensation order granting Watson's claim for benefits, the examiner first noted that the issue of whether Watson's left knee injury arose out of and in the course of employment had been resolved by the previous (1999) compensation order, which Safeway had not appealed. Addressing the right knee injury, the examiner concluded that the threshold requirement to raise the statutory presumption of compensability was met by Watson's testimony that he had no symptoms in his right knee before September 24, 1998, and the medical reports of Dr. Dorn. The examiner then considered whether Safeway had presented evidence sufficient to rebut the presumption and determined that it had failed to do so, because Dr. Danzinger acknowledged that the "current patellofemoral syndrome could be caused by a transfer of weight." Because Dr. Danzinger also opined that he found "no evidence of causal relationship between the symptoms he is having to his right knee and the 9/24/98 work injury," the examiner found "the opinions of Dr. Danzinger . . . [to be] contradictory to the extent that he concedes that [the right knee disability] could have occurred consistent with the manner alleged."
Addressing the left knee injury , the examiner discussed the nature and extent of Watson's disability, relying on Watson's testimony and Dr. Dorn's medical opinion that he had reached a permanent and stationary condition from the work injury and had an eighty percent impairment of the lower left extremity. The examiner rejected the "voluminous" medical records submitted by the employer, finding that there was "no evidence that any of them address or document an injury, complaints, symptoms, or treatment of the claimant's right knee or lower extremity." The examiner also accorded greater weight to Dr. Dorn's opinion based on his status as Watson's treating physician.
The Director affirmed the compensation order, rejecting Safeway's claim that it had produced sufficient evidence to rebut the presumption of compensability, and agreeing with the examiner's statement that Dr. Danzinger had contradicted himself by acknowledging that the injury to the right knee could have occurred in the manner alleged. The Director also found Dr. Quraishi's evaluations of prior injuries insufficient to overcome the presumption of compensability because Watson was seen by that doctor a year before the injury for which benefits were claimed and never was given any definitive diagnosis or treatment to his right knee before the injury that occurred at the Safeway store. Finally, as to the extent of impairment to Watson's left knee, the Director concluded that the examiner did not err in crediting Dr. Dorn's opinion which was based on fifteen visits over twenty months, surgery he performed, and recognized medical guidelines.
II.
A. Standard of Review
"It is the Director's final decision, not the examiner's, which may be reviewed in this court." Washington Hosp. Ctr. (Callier) v. District of Columbia Dep't of Employment Servs., 744 A.2d 992, 999 (D.C. 2000) (quoting St. Clair v. District of Columbia Dep't of Employment Servs., 658 A.2d 1040, 1044 (D.C. 1995) (citations and footnote omitted)). We review the Director's legal rulings de novo, see Clark v. District of Columbia Dep't of Employment Servs., 772 A.2d 198, 201-02 (D.C. 2001), but otherwise defer to the Director's determination so long as it rationally flows from the facts and is supported by substantial evidence on the record, see Washington Metropolitan
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