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Landesberg v. District of Columbia Dept. of Employment Services3/28/2002
recognized her disability while setting her up for failure. Despite her representations on appeal, however, Landesberg, has failed to cite any record support for her contention that she presented such evidence to the hearing examiner. It is not our obligation to comb through the voluminous record in this case to determine whether there is any evidence to support her argument.
Further, in reviewing the Compensation Order issued in this case, the hearing examiner found that Landesberg failed to establish a prima facie showing of retaliatory discharge. According to the hearing examiner, Landesberg's claim of retaliatory discharge was based on the following facts: she filed a claim for worker's compensation; WMATA voluntarily paid temporary total benefits from July 16, 1992 until October 21, 1992; WMATA would not let her use sick leave during that time period; and WMATA required her to return to work on October 22, 1992, despite her contention that she was still disabled. The hearing examiner found that Landesberg's evidence of alleged animus was insufficient to establish a prima facie case of retaliatory discharge because the employer's order for Landesberg to return to full, unrestricted work was made pursuant to a bona fide physician's evaluation that cleared her for full, unrestricted duty. Given the facts outlined above, the hearing examiner did not err in concluding that Landesberg failed to establish a prima facie case of retaliatory discharge.
Accordingly the decision of DOES is affirmed in part, and reversed and remanded in part.
So ordered.
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