Howard University Hospital v. D.C. Department of Employment Services - No. 24-AA-0279

Sep 15, 2026

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Caroline McCall worked at Howard University Hospital for more than twenty years before resigning in December 2020 due to years of hand pain and surgeries related to bilateral carpal tunnel syndrome. After resigning, she sought temporary total disability benefits under the D.C. Workers’ Compensation Act. The ALJ and the Compensation Review Board found the condition an occupational disease linked to her resignation. Howard petitioned for review, arguing legal and evidentiary errors, but the court affirmed.

LanguageEnglish

CategoryLetters

FormatPDF

Pages17

Reading Time6 min

AccessFree to download

Petition for Review

Parties and Procedural History

Factual Background

ALJ and Compensation Review Board Findings

Arguments on Review and Court’s Decision

Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes goto press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 24-AA-0279 HOWARD UNIVERSITY HOSPITAL, et al., PETITIONERS, V. D.C. DEPARTMENT OF EMPLOYMENT SERVICES, RESPONDENT, and CAROLINE MCCALL, INTERVENOR. On Petition for Review of an Order of the District of Columbia Department of Employment Services Compensation Review Board (2023-CRB-000068) (Hon. Donna J. Henderson, Administrative Law Judge) (Submitted November 4, 2025 Decided February 26, 2026) Matthew E. Fioravante and Sheryl A. Tirocchi and were on the brief for petitioners. Brian L. Schwalb, Attorney General for the District of Columbia, Caroline S. Van Zile, Solicitor General, Ashwin P. Phatak, Principal Deputy Solicitor General, and Graham E. Phillips, Deputy Solicitor General, filed a Statement in Lieu of Brief for respondent. Krista DeSmyter and Kevin H. Stillman were on the brief for intervenor. Before EASTERLY, DEAHL, and SHANKER, Associate Judges. DEAHL, Associate Judge: Caroline McCall worked at Howard University Hospital for over twenty years until December 2020, when she resigned after experiencing years of hand pain and twice undergoing surgery on her right hand because of bilateral carpal tunnel syndrome. After her resignation, McCall applied for temporary total disability benefits under the D.C. Workers’Compensation Act. An Administrative Law Judge concluded that McCall’s carpal tunnel syndrome was an “occupational disease” that caused her to resign and granted her claim for temporary total disability benefits. The ALJ’s order was upheld by the Compensation Review Board (CRB) . Howard now petitions this court for review of the CRB’s decision. It argues that (1) the CRB applied the wrong legal standard for evaluating whether McCall could perform the duties of her “usual job”; (2) the CRB’s findings were not supported by substantial evidence; and (3) the CRB should have remanded to the ALJ to evaluate whether McCall voluntarily retired for reasons unrelated to her disability. We disagree and affirm. I. Factual and Procedural Background From April 1998 to December 2020 , Caroline McCall worked as a Clinical Systems Coordinator in the Perioperative Services Department at Howard University Hospital. Her primary job was to manage the Department’s inventory control and information technology systems, though her specific duties changed overtime. Her original duties involved ordering supplies for seven sub-departments within Perioperative Services, tracking and stocking those supplies, and working regularly with vendors and hospital staff to manage inventory. By 2008, she was also tasked with managing the department’s software system, training staff to use this system, creating databases for sub-departments, and tracking “[a]ny [body] tissue that came into the hospital.” McCall began experiencing hand and arm pain on her left side in February 2013. By 2016 the pain had spread to both sides, and a doctor diagnosed her with bilateral carpal tunnel syndrome caused by “intense hand activity at the workplace.” A different doctor confirmed that diagnosis and recommended surgery, which McCall received on her right side in January 2017. The surgery put McCall out of work for four months, and the hospital voluntarily paid her temporary total disability benefits during this period. Her doctor medically cleared her to return to work but only if she was provided with certain accommodations, including an ergonomic desk setup, limited lifting, and frequent breaks. Although McCall received help lifting boxes when she returned, her keyboarding duties increased, and she claims the hospital did not give her a new desk because of financial concerns. McCall’s pain still had not abated by 2018, so she soug

FAQs

Why did Caroline McCall resign from Howard University Hospital?

McCall resigned in December 2020 after experiencing years of hand pain and after undergoing two surgeries on her right hand for bilateral carpal tunnel syndrome.

What benefits did McCall seek after resigning?

McCall applied for temporary total disability benefits under the D.C. Workers’ Compensation Act.

What did the court decide on Howard’s petition for review?

The court disagreed with Howard’s arguments and affirmed the Compensation Review Board’s decision.

Sep 15, 2026

Uploaded by Blitz