Administrative Law Judge

General Job Information

Job Summary

This position is in the Office of Hearings and Adjudication (OHA), Labor Standards Bureau, Department of Employment Services. OHA conducts formal administrative hearings to determine entitlement to the payment of compensation benefits to employees injured while at work.

The employees are employed by the Government of the District of Columbia and by private employers. Written decisions are issued as hearings, which are presided over by Administrative Law Judges.

Duties and Responsibilities

Conducts administrative hearings on controversial cases in an adversary setting, wherein effective presentation, exposition, cross-examination and argument are presented by counsel and must be controlled by the Administrative Law Judge (AU). Writes Compensation Orders and Recommended Compensation Orders in accordance with the District of Columbia Administrative Procedure Act; D.C.

Code, 1981, § 1-1501 et seq., in claims filed pursuant to the D.C.

Government Comprehensive Merit Personnel Act of 1978, D.C.

Code, as amended, § 1-624.1 et seq., and the Workers' Compensation Act of 1979, as amended, D.C.

Code, as amended, §36-301etseq.

Handles all aspects of a case from assignment to issuance of the final decision. Verifies that the case is ready for hearing, determines a hearing date, and ensures that a timely notice of hearing is sent to the parties involved. Handles all pre-hearing matters which may arise and disposes of all pre-hearing motions in a timely matter.

Participates in pre-trial status conferences either in person or by telephone, or at the request of a party, if determined to be necessary and attorneys, representatives of private industry, claimants, and petitioners are involved in these conferences. Reviews documents to be introduced into evidence for possible objection, during conferences. Rules on the issues raised during the conferences and issues an order delineating the decisions made; after the parties are afforded an opportunity to stipulate to certain facts, to decide on the issues that can be narrowed and clarified, and after the procedure for the orderly presentation of the case has been established.

Presides over formal hearings that are adversarial in nature, open to the public and steno graphically recorded. All parties present before the bar are afforded the opportunity to present relevant testimonial and documentary evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts of the matter. Insures the orderly development of the hearing record and shall rule on the admissibility of evidence presented. Determines additional information is necessary for a fair and impartial resolution of the claim, if prior to the close of the record in the formal hearing.

Orders either a continuance of the hearing for the further development of the facts or allow the submission of post-hearing evidence into the record. Drafts either a Recommended Compensation Order or a Compensation Order containing findings of fact and conclusions of law, pursuant to the established format of the Office and in conformance with the District of Columbia Administrative P raced u re Act, D.C.

Code, 1981, § 1-1509(e), after the close of the hearing record. Makes a finding on each material contested issue of fact, when drafting the Recommended Compensation Order/Compensation Order. Findings of fact must be supported by substantial evidence in the record and the conclusions of law must follow rationally from the findings in accordance with the D.C.

Administrative Procedure Act. Evaluates all evidence, analyzes complex issues, and applies the D.C.

Government Comprehensive Merit Personnel Act/Workers' Compensation Act, as required, as well as agency rules, the respective regulations, and court decisions.

Considers such issues as whether the disease or injury arose out of and in the course of employment, the existence of an employer-employee relationship, timely notice of injury or claim, the nature and extent of disability, including a determination of a claimant's wage loss, if any, medical causal relationships, average weekly wage rates, liability for and the reasonableness of medical and other expenses, the limits of employer's liability, ifany, the applicability of second injury and relief, whether an attorney's fee is warranted, and similar questions of varying degrees of complexity. Transmits the draft to the Chief Administrative Law Judge for review and approval. Upon return of the approved draft, the incumbent formalizes the Order and in the case of a Recommended Compensation Order transmits itto the

Office of the Assistant Director, Labor Standards Bureau, for a final decision, after drafting the Recommended Compensation Order/Compensation Order. In the case of a Compensation Order, upon return of the approved draft, the incumbent issues the Order in final.

Supervises the work product of a paralegal specialist whenever the Chief Administrative Law Judge, or his or her designee, assigns a paralegal specialist to work with the incumbent for the purpose of performing specific work duties. Keeps abreast of current legal developments in the area of workers' compensation law including recent decisions issued by the Director, Department of Employment Services, and the D.C.

Court of Appeals.

Attends professional conferences and seminars and may, on occasion. be called upon to deliver speeches and otherwise represent the office. Maintains a digest of all orders filed with the Mayor by the Office. Performs the legal research necessary for the development of case law and for the development of final drafts of decisions and orders.

Participates in conferences with administrative staff members responsible for operational procedures and, as appropriate, with representatives of private industry, labor groups, professional associations and representatives of government agencies. Performs other related duties as assigned by the Chief Administrative Law Judge, or his or her designee.

Qualifications and Education

Applicant must possesss a Juris Doctor (J.D.) Degree from an acredited school of law and shall have been duly licenced and authorized to practice law under the laws of any state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory established under the contitution of the United States.

Licenses

None.

Work Environment

Work is conducted in a controlled environment.

Other Significant Facts

Tour of Duty: Monday

• Friday; 8:30 a.m.

• 5:00 p.m.

Duration of Appointment: Career Service

• Term (Not-to exceed 13 months)

Pay Plan, Series and Grade: CS-0935-14

Promotion Potential: No known promotion potential

Collective Bargaining Unit: This position is not in a collective bargaining unit.

Position Designation: This position has been designated as security sensitive therefore the incumbent of this position will be subject to enhanced suitability screening pursuant to Chapter 4 of DC Personnel Regulations, Suitability and as such, incumbents of this position shall be subject to criminal background checks, background investigations, and mandatory drug and alcohol testing, as applicable.

EEO Statement: The District of Columbia Government is an Equal Opportunity Employer. All qualified candidates will receive consideration without regard to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, physical handicap, or political affiliation.