Harris v. District of Columbia Office of Worker's Compensation (Does‪)‬

SCHWELB, Associate Judge: Eugene M. Harris has asked this court to review a decision of a Hearing and Appeals Examiner of the Department of Employment Services (DOES or the agency) holding that an injury which Harris allegedly suffered after the effective date of the Worker's Compensation Act of 1979, D.C. Code §§ 36-301, et seq. (1993) (the WCA or 1979 Act), was not a new injury but merely a ""recurrence"" of a pre-Act injury, and therefore non-compensable under the WCA. 1 We conclude, on the basis of the examiner's evidentiary findings, that Harris suffered a post-Act aggravation of a pre-existing injury, and that such aggravation is compensable under the 1979 Act. Accordingly, we reverse the decision under review and remand the case to the agency for further proceedings. I.