Code of the District of Columbia

Subchapter XXIII. Public Sector Workers’ Compensation.


§ 1–623.01. Definitions.

For the purpose of this subchapter:

(1) The term “employee” means:

(A) A civil officer or employee in any branch of the District of Columbia government, including an officer or employee of an instrumentality wholly owned by the District of Columbia government;

(B) An individual rendering personal service to the District of Columbia government similar to the service of a civil officer or employee of the District of Columbia, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service or authorizes payment of travel or other expenses of the individual, but does not include a member of the Metropolitan Police Department or the Fire Department of the District of Columbia who is pensioned or pensionable under §§ 5-701 through 5-724; and

(C) An individual selected pursuant to Chapter 121 of Title 28 of the United States Code and serving as a petit or grand juror and who is otherwise an employee for the purposes of this subchapter as defined by subparagraphs (A) and (B) of this paragraph.

(2) The term “physician” includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by law. The term “physician” includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to rules and regulations issued by the Mayor.

(3) The term “medical, surgical, and hospital services and supplies” includes services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners, and hospitals within the scope of their practice as defined by District or state law and as designated by the Mayor to provide services to injured employees. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine, to correct a subluxation as demonstrated by X-ray to exist, and subject to rules and regulations issued by the Mayor.

(4) The term “monthly pay” means the monthly pay at the time of injury or the monthly pay at the time disability begins or the monthly pay at the time compensable disability recurs if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the District, whichever is greater, except when otherwise determined under § 1-623.13 with respect to any period.

(5)(A) The term “injury” means:

(i) Accidental injury or death arising out of and in the course and scope of employment; and

(ii) Occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury.

(B) The term “injury” includes:

(i) An injury caused by the willful act of third persons directed against an employee because of his or her employment; and

(ii) Damage to, or destruction of, eyeglasses, hearing aids, medical braces, artificial limbs, and other medical devices and such time lost while such device or appliance is being replaced or repaired.

(6) Repealed.

(7) The term “parent” includes stepparents and parents by adoption.

(8) The terms “brother” and “sister” mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but does not include married brothers or married sisters.

(9) The term “child” means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children and posthumous children, but does not include married children.

(10) The term “grandchild” means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support.

(11) Repealed.

(12) The term “compensation” includes the money allowance payable to an employee or his or her dependents and any other benefits paid for from the Employees’ Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death.

(13) The term “student” means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is:

(A) A school, college, or university operated or directly supported by the United States, by the District, by a state or local government, or political subdivision thereof;

(B) A school, college, or university which has been accredited by the District, by a state, by a state-recognized or nationally-recognized accrediting agency or body;

(C) A school, college, or university not so accredited, but whose credits are accepted on transfer by at least 3 institutions which are so accredited for credit on the same basis as if transferred from an institution so accredited; or

(D) An additional type of educational or training institution as defined by the Mayor.

Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he or she shows, to the satisfaction of the Mayor, that he or she has a bona fide intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Mayor, he or she is prevented by factors beyond his or her control from pursuing his or her education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period.

(14) Repealed.

(15) Repealed.

(16) The term “organ” means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back.

(17) “Utilization review” means the evaluation of the necessity, character, and sufficiency of both the level and quality of medically related services provided an injured employee based upon medically related standards.

(18)(A) The term “managed care organization” means an organization of physicians and allied health professionals organized to and capable of providing systematic and comprehensive medical care and treatment of injured employees which is designated by the Mayor to provide such care and treatment under this subchapter.

(B) The term “allied health professional” means a medical care provider (including a nurse, physical therapist, laboratory technician, X-ray technician, social worker, or other provider who provides such care within the scope of practice under applicable law) who is employed by or affiliated with a managed care organization.

(19) The term “claimant” means a person who has applied for benefits under this subchapter.

(20) Repealed.

(21) The term “surviving spouse or domestic partner” means the spouse or domestic partner living with or dependent for support on the decedent at the time of his or her death, or living apart for reasonable cause or because of his or her desertion.

(22) The term “accident” means an unexpected traumatic event during a single work shift identifiable by time and place of occurrence and producing objective symptoms of an injury.


(Mar. 3, 1979, D.C. Law 2-139, § 2301, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(a), 37 DCR 6890; Sept. 26, 1995, D.C. Law 11-52, § 810(a), 42 DCR 3684; Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, § 150(c)(4); Mar. 26, 1999, D.C. Law 12-175, § 2102(a), 45 DCR 7193; Oct. 3, 2001, D.C. Law 14-28, § 1203(a), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 2(c), 51 DCR 881; Sept. 12, 2008, D.C. Law 17-231, § 3(f), 55 DCR 6758; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(2), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.1.

1973 Ed., § 1-353.1.

Section References

This section is referenced in § 1-623.10, § 1-623.18, § 1-623.33, and § 7-2361.11.

Effect of Amendments

D.C. Law 14-28 repealed par. (20) which had read as follows: “(20) The term ‘Director’ means the Director, Department of Employment Services.”

D.C. Law 15-105 validated a previously made technical correction.

D.C. Law 17-231 repealed pars. (6) and (11); and added par. (21).

D.C. Law 18-223 rewrote par. (5); and added par. (22). Prior to amendment, par. (5) read as follows: “(5) The term ‘injury’ includes, in addition to injury by accident, a disease proximately caused by the employment and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except, that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damage or destruction is incident to a personal injury requiring medical services.”

Emergency Legislation

For temporary amendment of section, see § 1702(a) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(a) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(a) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1103(a) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(2) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

For temporary (225 day) amendment of section, see § 805(a) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

Short Title

Short title: Section 1061 of D.C. Law 18-223 provided that subtitle G of title I of the act may be cited as the “Disability Compensation Amendment Act of 2010”.

Editor's Notes

Mayor authorized to issue rules: Section 4 of D.C. Law 8-198 provided that “(a) The Mayor shall, pursuant to subchapter I of Chapter 15 of Title 1, issue rules to implement the provisions of this act within 90 days from the date of enactment of this act. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

“(b) The proposed rules shall include standards for:

“(1) A coding system for medical reports and bills; and.

“(2) The implementation of utilization review.”

Application of § 150(c) of Pub. L. 105-100: Section 150(c)(5) of Pub. L. 105-100, 111 Stat. 2181, the District of Columbia Appropriations Act, 1998, provided that the amendments made by subsection (c) shall apply with respect to services, supplies, or appliances furnished under title XXIII of the District of Columbia Merit Personnel Act of 1978 on or after the date of the enactment of this Act. Public Law 105-100 was approved November 19, 1997.


§ 1–623.02. Compensation for disability or death of employee.

(a) The District of Columbia government shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his or her duty, unless the injury or death is:

(1) Caused by willful misconduct of the employee;

(2) Caused by the employee’s intention to bring about the injury or death of himself or herself or of another; or

(3) Proximately caused by the intoxication of the injured employee.

(b) No claim shall be allowed under this chapter for mental stress or an emotional condition or disease resulting from a reaction to the work environment or to an action taken or proposed by the employing agency involving the following:

(1) Employee’s work performance, assignments, or duties;

(2) Promotion or denial of promotion;

(3) Adverse personnel action;

(4) Transfer;

(5) Retrenchment or dismissal; or

(6) Provision of employment benefits.

(c) Pursuant to § 1-602.04(a), the limitation of liability described in subsection (b) of this section shall not apply to an employee whose date of hire was before January 1, 1980.


(Mar. 3, 1979, D.C. Law 2-139, § 2302, 25 DCR 5740; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(3), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1122(a), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-624.2.

1973 Ed., § 1-353.2.

Effect of Amendments

D.C. Law 18-223 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

The 2012 amendment by D.C. Law 19-168 repealed (b) and (c), which read: “(b) No claim shall be allowed under this subchapter for mental stress or an emotional condition or disease resulting from a reaction to the work environment or to an action taken or proposed by the employing agency involving the following: (1) Employee’s work performance, assignments, or duties; (2) Promotion or denial of promotion; (3) Adverse personnel action; (4) Transfer; (5) Retrenchment or dismissal; or (6) Provision of employment benefits. (c) Pursuant to § 1-602.04(a), the limitation of liability described in subsection (b) of this section shall not apply to an employee whose date of hire was before January 1, 1980.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(3) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Editor's Notes

Section 1122(a) of D.C. Law 19-168 repealed (b) and (c). However, § 1123 of D.C. Law 19-168 provided that § 1122 of the act shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) through (29) of Title X of D.C. Law 19-168.

The Budget Office of the District of Columbia Council has determined that the conditions of § 1123 of D.C. Law 19-168 were not met. Therefore the amendments to this section by section 1122(a) of D.C. Law 19-168 have not been given effect.


§ 1–623.02a. Administration.

The Mayor shall administer and decide all questions arising under this chapter. The Mayor may delegate to the City Administrator any of the powers conferred on him or her by this chapter, except disability compensation hearings and adjudication powers, pursuant to § 1-623.28, which shall be exercised by the Director of the Department of Employment Services.


(Mar. 3, 1979, D.C. Law 2-139, § 2302a; as added Oct. 3, 2001, D.C. Law 14-28, § 1203(b), 48 DCR 6981; Nov. 13, 2003, D.C. Law 15-39, § 2003, 50 DCR 5668.)

Effect of Amendments

D.C. Law 15-39 substituted “to the City Administrator” for “to the Director of Personnel”.

Emergency Legislation

For temporary (90 day) addition of section, see § 1103(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) transfer of property, records, and unexpended funds to the Office of Risk Management, see § 3 of Disability Compensation Program Transfer Emergency Amendment Act of 2002 (D.C. Act 14-400, June 26, 2002, 49 DCR 6526).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-476, October 3, 2002, 49 DCR 9568).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Emergency Amendment Act of 2003 (D.C. Act 15-88, May 19, 2003, 50 DCR 4330).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-128, July 29, 2003, 50 DCR 6836).

For temporary (90 day) amendment of section, see § 3 of Disability Compensation Program Transfer and Risk Management Second Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-172, October 6, 2003, 50 DCR 9173).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Disability Compensation Program Transfer Temporary Amendment Act of 2002 (D.C. Law 14-202, October 17, 2002, law notification 49 DCR 12020).


§ 1–623.02b. Functions — Disability compensation.

The functions of the program shall be to:

(1) Establish appropriate systems and procedures for the reporting of occupational accidents and illnesses;

(2) Maintain and analyze records of all occupational accidents and illnesses occurring within agencies;

(3) Study safety problems and recommend actions to correct undesirable conditions or unsafe practices;

(4) Monitor and evaluate adequacy and effectiveness of safety procedures and practices of District agencies through inspection;

(5) Make determinations and awards for, or against payment of compensation under this chapter;

(6) Pay compensation to employees for work related disability or death resulting from personal injury sustained in the performance of their duty, as specified in this section;

(7) Conduct promotional campaigns to stimulate employees’ interest in accident prevention and to train and motivate supervisors in accident prevention concepts, practices and techniques;

(8) Develop and maintain working agreements with designated physicians and other public or private organizations, as required; and

(9) Monitor the adequacy and effectiveness of medical services under this section, and develop guidelines for the determination of disabilities and professional fees.


(Mar. 3, 1979, D.C. Law 2-139, § 2302b; as added Oct. 3, 2001, D.C. Law 14-28, § 1203(b), 48 DCR 6981.)

Emergency Legislation

For temporary (90 day) addition of section, see § 1103(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).


§ 1–623.03. Medical services and initial medical and other benefits.

(a) The District government shall furnish to an employee who is injured while in the performance of duty the services, appliances, and supplies prescribed or recommended by a qualified physician, who is approved by the Mayor or his or her designee pursuant to subsection (d) of this section, which the Mayor considers likely to cure, give relief, reduce the degree or period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished:

(1) Whether or not disability has arisen;

(2) Notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of Chapter 83 of Title 5 of the United States Code, or another retirement system for employees of the District or federal government; and

(3) By or on the order of the District of Columbia government medical officers and hospitals, or by or on the order of a physician or managed care organization designated or approved by the Mayor.

The employee may initially select a physician to provide medical services, appliances, and supplies in accordance with such rules and regulations and instructions as the Mayor considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Mayor, shall be paid from the Employees’ Compensation Fund.

(b) The Mayor, under such limitations or conditions as he or she considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Mayor may certify vouchers for these expenses out of the Employees’ Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury accepted by the employing agency as properly compensable under this subchapter. The Mayor shall prescribe the form and content of the certificate.

(c) Repealed.

(d)(1) An employee to whom services, appliances, or supplies are furnished pursuant to subsection (a) of this section shall be provided with such services, appliances, and supplies (including reasonable transportation incident thereto) by a managed care organization or other health care provider designated by the Mayor or his or her designee, in accordance with such rules, regulations, and instructions as the Mayor considers appropriate. Any health care provider who is a member of such managed care organization shall apply in writing to the Mayor or his or her designee, and be approved by the Mayor or his or her designee prior to providing any services, appliances, or supplies pursuant to this section.

(2) Any expenses incurred as a result of furnishing services, appliances, or supplies which are authorized by the Mayor under paragraph (1) of this section shall be paid from the Employees’ Compensation Fund.

(3) Any medical service provided pursuant to this subsection shall be subject to utilization review under § 1-623.23.

(e) The District government shall furnish or authorize payment for services, appliances, supplies, and reasonable transportation and expenses incidental thereto, to the injured employee within 30 days after the Mayor or his or her designee receives notice that the employee has been injured while in the performance of duty.

(f) The Mayor or his or her designee shall provide a claimant with written authorization for payment for any treatment or procedure within 30 days after the treating physician makes a written request to the Mayor or his or her designee for this authorization. If the Mayor or his or her designee fails to provide written authorization to the claimant within 30 days of the request, the treatment or procedure shall be deemed authorized, unless the Mayor or his or her designee commences a utilization review pursuant to § 1-623.23(a-2) within 30 days of the request.


(Mar. 3, 1979, D.C. Law 2-139, § 2303, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(b), 37 DCR 6890; Sept. 26, 1995, D.C. Law 11-52, § 810(b), 42 DCR 3684; Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, §§ 150(c)(1), (2); Mar. 26, 1999, D.C. Law 12-175, § 2102(b), 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(d), 46 DCR 2118; Apr. 12, 2000, D.C. Law 13-91,§§ 160(a), 162, 163, 47 DCR 520; Apr. 5, 2005, D.C. Law 15-290, § 2(a), 52 DCR 1449.)

Prior Codifications

1981 Ed., § 1-624.3.

1973 Ed., § 1-353.3.

Section References

This section is referenced in § 1-623.17 and § 7-2361.11.

Effect of Amendments

D.C. Law 13-91 validated previously made technical amendments.

D.C. Law 15-290 added subsecs. (e) and (f).

Cross References

Health care assistance reimbursement, rights to reimbursement, see § 4-601 et seq.

Emergency Legislation

For temporary amendment of section, see § 1702(b) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(b) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(b) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 days) amendment of this section, see § 201(b) of the Metropolitan Police Department Commencement of Discipline and Command Staff Appointment Emergency Amendment Act of 2014 (D.C. Act 20-524, Dec. 18, 2014, 61 DCR 13112, 20 STAT 4438).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

Application of § 150(c) of Pub. L. 105-100: Section 150(c)(5) of Pub. L. 105-100, 111 Stat. 2181, the District of Columbia Appropriations Act, 1998, provided that the amendments made by subsection (c) shall apply with respect to services, supplies, or appliances furnished under title XXIII of the District of Columbia Merit Personnel Act of 1978 on or after the date of the enactment of this Act. Public Law 105-100 was approved November 19, 1997.


§ 1–623.04. Vocational rehabilitation.

(a) The Mayor shall direct an individual with a permanent or temporary disability whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Mayor shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Mayor, insofar as practicable, shall use the services or facilities of the District of Columbia government. The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees’ Compensation Fund.

(b) Notwithstanding § 1-623.06, individuals directed to undergo vocational rehabilitation by the Mayor, while undergoing such rehabilitation, shall receive compensation at the rate provided in §§ 1-623.05 and 1-623.10, less the amount of any earnings received from remunerative employment other than employment undertaken pursuant to such rehabilitation.

(c) The initial vocational rehabilitation services provided pursuant to this section shall be for a period not to exceed 90 days after the claimant reaches maximum medical improvement and vocational rehabilitation is initiated.

(d) After the initial 90-day period has expired, the vocational rehabilitation services may be extended, at the discretion of the Mayor, for good cause shown, for incremental periods of 90 days, not to exceed one year from the initiation of the initial vocational rehabilitation plan.


(Mar. 3, 1979, D.C. Law 2-139, § 2304, 25 DCR 5740; Oct. 3, 2001, D.C. Law 14-28, § 1203(c), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 3(g), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(4), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.4.

1973 Ed., § 1-353.4.

Section References

This section is referenced in § 1-623.11, § 1-623.13, and § 1-623.17.

Effect of Amendments

D.C. Law 14-28, in subsec. (a), substituted “shall direct a permanently or temporarily” for “may direct a permanently”.

D.C. Law 16-305, in subsec. (a), substituted “an individual with a permanent or temporary disability” for “a permanently or temporarily disabled individual”.

D.C. Law 18-223 added subsecs. (c) and (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(c) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(4) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Mayor's Orders

Establishment and Appointments—D.C. State Rehabilitation Council, see Mayor’s Order 2001-173, November 30, 2001 ( 48 DCR 11586).


§ 1–623.05. Total disability.

(a) If the disability is total, subject to the limitations in § 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of his or her monthly pay, which shall be known as his or her basic compensation for total disability.

(b) The loss of use of both hands, both arms, both feet, or both legs or the loss of sight of both eyes is prima facie permanent total disability.


(Mar. 3, 1979, D.C. Law 2-139, § 2305, 25 DCR 5740; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(5), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.5.

1973 Ed., § 1-353.5.

Section References

This section is referenced in § 1-623.04, § 1-623.07, and § 1-623.10.

Effect of Amendments

D.C. Law 18-223, in subsec. (a), substituted “, subject to the limitations in § 1-623.06a, the District government” for “the District of Columbia government”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(5) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).


§ 1–623.06. Partial disability.

(a) If the disability is partial, subject to limitations in § 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of the difference between his or her monthly pay and his or her monthly wage-earning capacity after the beginning of the partial disability. This shall be known as his or her basic compensation for partial disability.

(b) Repealed.

(c) An employee with a partial disability who:

(1) Refuses to seek suitable work; or

(2) Refuses or neglects to work after suitable work is offered to, procured by, or secured for him or her is not entitled to compensation and such payment shall be suspended.


(Mar. 3, 1979, D.C. Law 2-139, § 2306, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(p), 27 DCR 2632; Oct. 3, 2001, D.C. Law 14-28, § 1203(d), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 3(h), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(6), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1032(a), 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(1), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.6.

1973 Ed., § 1-353.6.

Section References

This section is referenced in § 1-623.04, § 1-623.07, and § 1-623.10.

Effect of Amendments

D.C. Law 14-28, in subsec. (b), substituted “shall require each employee” for “may require a partially disabled employee”.

D.C. Law 16-305, in subsec. (c), substituted “An employee with a partial disability” for “A partially disabled employee”.

D.C. Law 18-223, in subsec. (a), substituted “, subject to the limitations in § 1-623.06a, the District government” for “the District of Columbia government”.

The 2012 amendment by D.C. Law 19-168 rewrote (b).

The 2015 amendment by D.C. Law 20-155 repealed (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(d) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(6) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(a) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 1022(b)( 1) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1022(b)( 1) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1022(b)( 1) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

Section 2(a) of D.C. Law 19-69 repealed subsec. (b).

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.


§ 1–623.06a. Period of disability payments.

(a) Except as provided in subsection (b) of this section, for any one injury causing temporary total or temporary partial disability, the payment for disability benefits shall not continue for more than a total of 500 weeks; provided, that within the last 52 weeks, the claimant shall be entitled to a hearing before an Office of Administrative Hearings judge for purposes of determining whether the claimant has a permanent disability. The hearing shall be conducted pursuant to the provisions of § 1-623.24(b). Within 30 days after the hearing, the Mayor shall notify the claimant, the Attorney General, and the Office of Personnel in writing of his or her decision and any permanent disability award that he or she may make and the basis of the decision.

(b) Subsection (a) of this section shall not apply to any employee whose date of hire was before January 1, 1980.

(c) Subsection (a) shall apply one year after September 24, 2010.


(Mar. 3, 1979, D.C. Law 2-139, § 2306a; as added Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(7), 57 DCR 6242.)

Section References

This section is referenced in § 1-623.05 and § 1-623.06.

Emergency Legislation

For temporary (90 day) addition of section, see § 1062(b)(7) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of section, see § 2(b) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

Temporary Legislation

Section 2(b) of D.C. Law 19-69 added a section to read as follows:

“Sec. 2306b. Earnings affidavit.

“(a) The Mayor shall require each employee receiving benefits under this title to report his or her earnings from employment or self-employment, by affidavit or otherwise, including by providing copies of tax documents or authorization for the Mayor to obtain copies of tax documents, in the manner and at the times the Mayor specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his or her earnings in employment or self-employment and which can be estimated in money.

“(b) An employee forfeits his or her right to compensation with respect to any period for which the affidavit or report was required if the employee:

“(1) Fails to file a complete affidavit or report when required; or

“(2) Knowingly omits or understates any part of his or her earnings.

“(c) Compensation forfeited under this section, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 2329 unless recovery is waived under that section.”.

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.


§ 1–623.06b. Report of earnings.

(a) The Mayor shall require each employee receiving benefits under this subchapter to report his or her earnings from employment or self-employment by affidavit, including by providing copies of tax returns and authorizing the Mayor to obtain copies of tax documents, within 30 days of a written request for a report of earnings.

(b) An employee shall forfeit his or her right to workers’ compensation with respect to any period for which the report of earnings was required if the employee:

(1) Fails to file a complete report of earnings within 30 days of a written request for a report of earnings; or

(2) Knowingly omits or understates any part of his or her earnings.

(c) Workers’ compensation forfeited under this section, if already paid, may be recovered by a deduction from future workers’ compensation payments owed to the employee or otherwise recovered under § 1-623.29.

(d) The Mayor shall notify any employee receiving workers’ compensation benefits, on forms prescribed by the Mayor, of that employee’s affirmative duty to report earnings and shall specifically notify the employee that a failure to report earnings may subject him or her to termination from the program and civil or criminal liability. The notice by the Mayor may be satisfied by printing the notice on the employee payee statement portion of the indemnity check sent to the employee.

(e) For the purposes of this section, the term “earnings” includes any cash, wages, or salary received from self-employment or from any other employment aside from the employment in which the worker was injured. The term “earnings” also includes commissions, bonuses, and the cash value of all payments and benefits received in any form other than cash. Commissions and bonuses earned before disability but received during the time the employee is receiving workers’ compensation benefits do not constitute earnings that must be reported.


(Mar. 3, 1979, D.C. Law 2-139, § 2306b; as added Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(2), 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of D.C. Law 2-139, § 2306b, concerning report of earnings, see § 1022(b)( 2) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


§ 1–623.07. Compensation schedule.

(a) If there is permanent disability involving the loss, or loss of use, of a member or function of the body or disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 66 2/3 percent of his or her monthly pay. The basic compensation shall be:

(1) Payable regardless of whether the cause of the disability originates in a part of the body other than that member;

(2) Payable regardless of whether the disability also involves another impairment of the body; and

(3) In addition to compensation for temporary total or temporary partial disability; provided, that:

(A) A claimant who has received compensation for temporary total or temporary partial disability under this title shall be eligible for compensation payable under this section only after compensation for the temporary total or temporary partial disability has ceased;

(B) A claimant shall not receive any further compensation for a single injury for temporary total or temporary partial disability after receiving compensation for the injury under this section; and

(C) A claimant shall not be entitled to receive multiple awards of compensation under this section for the same permanent disability, but shall only be entitled to receive one award of compensation payable under this section per permanent disability.

(b) Repealed.

(c) The compensation schedule is as follows:

(1) Arm lost, 312 weeks’ compensation;

(2) Leg lost, 288 weeks’ compensation;

(3) Hand lost, 244 weeks’ compensation;

(4) Foot lost, 205 weeks’ compensation;

(5) Eye lost, 160 weeks’ compensation;

(6) Thumb lost, 75 weeks’ compensation;

(7) First finger lost, 46 weeks’ compensation;

(8) Great toe lost, 38 weeks’ compensation;

(9) Second finger lost, 30 weeks’ compensation;

(10) Third finger lost, 25 weeks’ compensation;

(11) Toe other than great toe lost, 16 weeks’ compensation;

(12) Fourth finger lost, 15 weeks’ compensation;

(13) Loss of hearing:

(A) Complete loss of hearing of 1 ear, 52 weeks’ compensation; or

(B) Complete loss of hearing of both ears, 200 weeks’ compensation;

(14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of any eye is the same as for loss of the eye;

(15) Compensation for loss of more than 1 phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the 1st phalanx is one-half of the compensation for loss of the entire digit;

(16) If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively;

(17) Compensation for loss of use of 2 or more digits or 1 or more phalanges of each of 2 or more digits of a hand or foot is proportioned to the loss of the use of the hand or foot occasioned thereby;

(18) Compensation for permanent total loss of use of a member is the same as for loss of the member;

(19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction;

(20) In case of loss of use of more than 1 member or parts of more than 1 member as enumerated by this schedule, the compensation is for loss of the use of each member or part thereof and the awards run consecutively. When the injury affects only 2 or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears;

(21) For serious disfigurement of the face, head, or neck of a character likely to hinder an individual in securing or maintaining employment, proper and equitable compensation not to exceed $7,500 shall be awarded in addition to any other compensation payable under this schedule; or

(22) For permanent loss or loss of use of any other important external or internal organ of the body, as determined by the Mayor, proper and equitable compensation not to exceed 312 weeks for each organ so determined shall be paid in addition to any other compensation payable under this schedule.

(d) If medical records or other objective evidence substantiate a pre-existing impairment or other impairments or conditions unrelated to the work-related injury, the Mayor shall apportion the pre-existing or unrelated medical impairment from that of the current work-related injury or occupational disease in accordance with American Medical Association Guides to the Evaluation of Permanent Impairment (“AMA Guides”). In making this determination, the Mayor shall consider medical reports by physicians with specific training and experience in the use of the AMA Guides.


(Mar. 3, 1979, D.C. Law 2-139, § 2307, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(q), 27 DCR 2632; Mar. 6, 1991, D.C. Law 8-198, § 3(c), 37 DCR 6890; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(8), 57 DCR 6242; Sept. 26, 2012, D.C. Law 19-169, § 4, 59 DCR 5567; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(3), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.7.

1973 Ed., § 1-353.7.

Section References

This section is referenced in § 1-623.08, § 1-623.09, § 1-623.10, § 1-623.15, and § 1-623.16.

Effect of Amendments

D.C. Law 18-223 added subsec. (d).

The 2012 amendment by D.C. Law 19-169 substituted “hinder” for “handicap” in (c)(21).

The 2015 amendment by D.C. Law 20-155 rewrote (a)(3); and repealed (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(8) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 1022(b)(3) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1022(b)(3) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1022(b)(3) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.


§ 1–623.08. Reduction of compensation for subsequent injury to same member.

The period of compensation payable under the schedule in § 1-623.07 is reduced by the period of compensation paid or payable under the schedule for an earlier injury if: (1) Compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and (2) the Mayor finds that compensation payable for the later disability, in whole or in part, would duplicate the compensation payable for the preexisting disability. In such a case, compensation for disability continuing after the scheduled period starts on the expiration of that period as reduced under this section.


(Mar. 3, 1979, D.C. Law 2-139, § 2308, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.8.

1973 Ed., § 1-353.8.


§ 1–623.09. Beneficiaries of awards unpaid at death; order of precedence.

(a) If an individual: (1) Has sustained disability compensable under § 1-623.07(a); (2) has filed a valid claim in his or her lifetime; and (3) dies from a cause other than the injury before the end of the period specified by the schedule; the compensation specified by the schedule that is unpaid at his or her death, whether or not accrued or due at his or her death, shall be paid:

(A) Under an award made before or after the death;

(B) For the period specified by the schedule;

(C) To and for the benefit of the persons then in being within the classes and on the conditions and in proportions specified by this section; and

(D) In the following order of precedence:

(i) If there is no child, to the surviving spouse or domestic partner;

(ii) If there are both a surviving spouse or domestic partner and a child or children, one-half to the surviving spouse or domestic partner and one-half to the child or children;

(iii) If there is no surviving spouse or domestic partner, to the child or children;

(iv) If there is no survivor in the above classes, to the parent or parents completely or partially dependent for support on the decedent, or to other completely dependent relatives listed by § 1-623.33, or to both in proportions provided by rules and regulations; or

(v) If there is no survivor in the above classes and no burial allowance is payable under § 1-623.34, an amount not exceeding that which would be expendable under § 1-623.34, if applicable, shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he or she has paid the burial expenses: Except, that a compensated insurer or other person obligated by law or contract to pay the burial expenses or a state or political subdivision or entity is deemed not equitably entitled to such reimbursement.

(b)(1) Except as provided in paragraph (2) of this subsection, payments under subsection (a) of this subsection, except for an amount payable for a period preceding the death of the employee, are at the basic rate of compensation for permanent disability specified by § 1-623.07.

(2) For an employee who would otherwise be an employee for purposes of this subchapter whose date of hire was before January 1, 1980, or whose claim for compensation for disability or death was pending before December 29, 1994, payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the employee, are at the basic rate of compensation for permanent disability specified by § 1-623.07, even if at the time of death the employee was entitled to the augmented rate specified by § 1-623.10.

(c) A surviving beneficiary under subsection (a) of this section, except one under sub-subparagraph (v) of subparagraph (D) of paragraph (3) of subsection (a) of this section, does not have a vested right to payment and must be alive to receive payment.

(d) A beneficiary under subsection (a) of this section, except one under sub-subparagraph (v) of subparagraph (D) of paragraph (3) of subsection (a) of this section, ceases to be entitled to payment on the happening of an event which would terminate his or her right to compensation for death under § 1-623.33. When that entitlement ceases, compensation remaining unpaid under subsection (a) of this section is payable to the surviving beneficiary in accordance with subsection (a) of this section.


(Mar. 3, 1979, D.C. Law 2-139, § 2309, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(c), 42 DCR 3684; Apr. 12, 2000, D.C. Law 13-91, § 103(s), 47 DCR 520; Sept. 12, 2008, D.C. Law 17-231, § 3(g), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 1-624.9.

1973 Ed., § 1-353.9.

Section References

This section is referenced in § 1-623.15.

Effect of Amendments

D.C. Law 13-91, in sub-subpar. (a)(3)(D)(v), substituted “reimbursement” for “reimbursal”.

D.C. Law 17-231, in subsec. (a), substituted “surviving spouse or domestic partner” for “widow or widower”.


§ 1–623.10. Augmented compensation for dependents.

(a) For the purpose of this section, “dependent” means the following:

(1) A spouse or domestic partner, if:

(A) He or she is a member of the same household as the employee;

(B) He or she is receiving regular contributions from the employee for his or her support; or

(C) The employee has been ordered by a court to contribute to his or her support;

(2) An unmarried child, while living with the employee or receiving regular contributions from the employee toward his or her support, and who is:

(A) Under 18 years of age; or

(B) Over 18 years of age and incapable of self-support because of physical or mental disability; and

(3) A parent, while wholly dependent on and supported by the employee.

Notwithstanding paragraph (2) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he or she is a student as defined by § 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries or enters into a domestic partnership.

(a-1) Repealed.

(b) An employee with a disability, whose date of hire was before January 1, 1980, with 1 or more dependents is entitled to have his or her basic compensation for disability augmented:

(1) At the rate of 8 1/3 percent of his or her monthly pay if that compensation is payable under § 1-623.05 or § 1-623.07(a); or

(2) At the rate of 8 1/3 percent of the difference between his or her monthly pay and his or her monthly wage-earning capacity if that compensation is payable under § 1-623.06.

(b-1) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 2310, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(r), 27 DCR 2632; Sept. 26, 1995, D.C. Law 11-52, § 810(d), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 4(b), 44 DCR 1271; Apr. 24, 2007, D.C. Law 16-305, § 3(i), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 3(h), 55 DCR 6758; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(9), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.10.

1973 Ed., § 1-353.10.

Section References

This section is referenced in § 1-623.04, § 1-623.09, and § 1-623.12.

Effect of Amendments

D.C. Law 16-305 substituted “an employee with a disability” for “a disabled employee”, throughout the section.

D.C. Law 17-231, in subsec. (a), substituted “spouse or domestic partner” for “spouse”; and, in the last undesignated paragraph, substituted “marries or enters into a domestic partnership” for “marries”.

D.C. Law 18-223, in the lead-in text of subsec. (a), substituted “this section,” for “this section, and except as provided in subsection (a-1) of this section,”; repealed subsecs. (a-1) and (b-1); and, in subsec. (b), substituted “An employee with a disability, whose date of hire was before January 1, 1980,” for “Except as provided in subsection (b-1) of this section, an employee with a disability”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(9) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).


§ 1–623.11. Additional compensation for services of attendants or vocational rehabilitation.

(a) The Mayor may pay an employee who has been awarded compensation an additional sum of not more than $500 a month, as he or she considers necessary, when he or she finds that the service of an attendant is necessary constantly because the employee is totally blind or has lost the use of both hands or both feet or is paralyzed and unable to walk or because of another disability resulting from the injury making him or her so helpless as to require constant attendance.

(b) The Mayor may pay an individual undergoing vocational rehabilitation under § 1-623.04 additional compensation necessary for his or her maintenance, but not to exceed $200 a month.


(Mar. 3, 1979, D.C. Law 2-139, § 2311, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.11.

1973 Ed., § 1-353.11.

Section References

This section is referenced in § 1-623.12.


§ 1–623.12. Maximum and minimum monthly compensation.

(a) Except as provided by § 1-623.38, the monthly rate of compensation for disability, including augmented compensation under § 1-623.10, but not including additional compensation under § 1-623.11, may not be more than 75% of the monthly pay of the maximum rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter. In case of total disability and except as provided in subsection (b) of this section, the monthly rate of compensation may not be less than 75% of the monthly pay of the minimum rate of basic pay for GS-2 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter, or the amount of the monthly pay of the employee, whichever is less.

(b) For employees hired after December 31, 1979, who make a claim for compensation for disability or death after December 29, 1994, except as provided in § 1-623.38, the monthly rate of compensation for disability, including augmented compensation under § 1-623.10, but not including additional compensation under § 1-623.11, may not be more than 73% of the monthly pay of the maximum rate of basic pay for DS-12, Step 10. In the case of total disability the monthly rate of compensation may not be less than 75% of the monthly pay of the minimum rate of basic pay for DS-2, Step 1, or the amount of the monthly pay of the employee, whichever is less.


(Mar. 3, 1979, D.C. Law 2-139, § 2312, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(e), 42 DCR 3684.)

Prior Codifications

1981 Ed., § 1-624.12.

1973 Ed., § 1-353.12.

Section References

This section is referenced in § 1-623.38.


§ 1–623.13. Increase, decrease, or suspension of compensation.

(a) If an individual: (1) Was a minor or employed in a learner’s capacity at the time of injury, and (2) did not have a physical or mental disability before the injury, the Mayor, on review under § 1-623.28 after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.

(b) If an individual, without good cause fails to apply for and undergo vocational rehabilitation when so directed under § 1-623.04, the Mayor may review such failure under § 1-623.28. If the Mayor, upon review, finds that in the absence of such failure the wage-earning capacity of the individual would probably have substantially increased, the Mayor may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his or her wage-earning capacity in the absence of the failure, until such time as the individual in good faith complies with the direction of the Mayor.

(c) If an employee hired after December 31, 1979, without good cause, fails to apply for or undergo vocational rehabilitation when so directed under § 1-623.04, his or her right to compensation under this subchapter shall be suspended until the noncompliance ceases.


(Mar. 3, 1979, D.C. Law 2-139, § 2313, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(s), 27 DCR 2632; Apr. 24, 2007, D.C. Law 16-305, § 3(j), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(10), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1032(b), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-624.13.

1973 Ed., § 1-353.13.

Section References

This section is referenced in § 1-623.01.

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted “did not have a physical or mental disability” for “was not physically or mentally handicapped”.

D.C. Law 18-223 rewrote the section heading which had read as follows: “Increase or decrease of basic compensation”; in subsec. (a), substituted “at the time of injury, and” for “at the time of injury; or”; in subsec. (b), substituted “If an employee, whose date of hire was before January 1, 1980,” for “If an individual”; and added subsec. (c).

The 2012 amendment by D.C. Law 19-168 substituted “If an individual” for “If an employee, whose date of hire was before January 1, 1980” in (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(10) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(c) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

Section 2(c) of D.C. Law 19-69, in subsec. (b), substituted “If an individual” for “If an employee whose date of hire was before January 1, 1980,”.

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.


§ 1–623.14. Computation of pay.

(a) For the purpose of this section:

(1) The term “overtime pay” means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of work time, as observed by the employing establishment.

(2) The term “year” means a period of 12 calendar months, or the equivalent thereof as specified by rules and regulations prescribed by the Mayor.

(b) In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section.

(c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earning. For so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, at the discretion of the Mayor, may be computed on the basis of the actual daily wage of the employee at the time of injury, in which event he or she may receive compensation for the days he or she would have worked but for the injury.

(d) Average annual earnings are determined as follows:

(1) If the employee worked in the position in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay:

(A) Was fixed, the average annual earnings are the annual rate of pay; or

(B) Was not fixed, the average annual earnings are the product obtained by multiplying his or her daily wage for the particular employment or the average thereof, if the daily wage has fluctuated; by 300, if he or she was employed on the basis of a 6 day workweek; 280, if employed on the basis of a 5 1/2 day workweek; and 260, if employed on the basis of a 5 day workweek;

(2) If the employee did not work in the position in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment with the District government, as determined under paragraph (1) of this subsection;

(3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he or she was working at the time of the injury having regard to the previous earnings of the employee in District of Columbia government employment, and of other employees of the District of Columbia government in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee or other relevant factors. The average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his or her injury; or

(4) If the employee served without pay or a nominal pay, paragraphs (1), (2), and (3) of this subsection apply, as far as practicable, but the average earnings of the employee may not exceed the minimum rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter; provided that the average earnings of the employee may not exceed the minimum rate of basic pay for DS-12, Step 10 or its equivalent in the collective bargaining unit for those employees hired after December 31, 1979, who make a claim for compensation for disability after December 29, 1994. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year.

(e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money and premium pay under § 5545(c)(1) of Title 5 of the United States Code, are included as part of the pay, but account is not taken of the following:

(1) Overtime pay;

(2) Additional pay or allowance authorized outside the District of Columbia government because of differential in cost of living or other special circumstances; or

(3) Bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service.


(Mar. 3, 1979, D.C. Law 2-139, § 2314, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(f), 42 DCR 3684.)

Prior Codifications

1981 Ed., § 1-624.14.

1973 Ed., § 1-353.14.

Section References

This section is referenced in § 1-623.15 and § 1-623.33.


§ 1–623.15. Determination of wage-earning capacity.

(a) In determining compensation for partial disability, except permanent partial disability compensable under §§ 1-623.07 and 1-623.09, the wage-earning capacity of an employee is determined by his or her actual earnings, if his or her actual earnings fairly and reasonably represent his or her wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his or her wage-earning capacity, or if the employee has no actual earnings, his or her wage-earning capacity as appears reasonable under the circumstances is determined with due regard to the following:

(1) The nature of his or her injury;

(2) The degree of physical impairment;

(3) His or her usual employment;

(4) His or her age;

(5) His or her qualifications for other employment;

(6) The availability of suitable employment; and

(7) Other factors or circumstances which may affect his or her wage-earning capacity as a worker with a disability.

(b) Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.


(Mar. 3, 1979, D.C. Law 2-139, § 2315, 25 DCR 5740; Apr. 24, 2007, D.C. Law 16-305, § 3(k), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 1-624.15.

1973 Ed., § 1-353.15.

Effect of Amendments

D.C. Law 16-305, in subsec. (a)(7), substituted “as a worker with a disability” for “in his or her disabled condition”.


§ 1–623.16. Limitation of right to receive compensation.

(a) While an employee is receiving compensation under this subchapter or if he or she has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he or she may not receive salary, pay, or remuneration of any type from the District of Columbia, except:

(1) In return for service actually performed;

(2) Pension for service in the Army, Navy, or Air Force;

(3) Other benefits administered by the Veterans Administration unless such benefits are payable for the same injury or the same death; and

(4) Retired pay, retirement pay, retainer pay, or equivalent pay for service in the armed forces or other uniformed services, subject to the reduction of such pay in accordance with § 5532 of Title 5 of the United States Code. Eligibility for or receipt of benefits under subchapter III of Chapter 83 of Title 5 of the United States Code or another retirement or disability system for employees of the government does not impair the right of the employee to compensation for scheduled disabilities specified by subsection (c) of § 1-623.07.

(a-1) An employee shall not be eligible for compensation under this subchapter if he or she was employed by the District of Columbia or the federal government before October 1, 1987, and is receiving disability benefits from the federal government for the same injury.

(b) An individual entitled to benefits under this subchapter because of his or her injury, or because of the death of an employee who also is entitled to receive from the District of Columbia government under a provision of a statute, other than this subchapter, payment or benefits for that injury or death (except proceeds of an insurance policy), because of service by him or her (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he or she will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Mayor. The election when made is irrevocable, except as otherwise provided by statute.

(c) The liability of the District of Columbia government or an instrumentality thereof, under this subchapter or any extension thereof with respect to the injury or death of an employee, is exclusive and instead of all other liability of the District of Columbia government or the instrumentality to the employee, his or her legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the District of Columbia or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a federal tort liability statute. This subchapter does not apply to a master or a member of a crew of a vessel.

(d)(1) If an employee who has been receiving compensation under this subchapter is paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, becomes a retiree under the federal government civil service retirement system, that employee may not receive any further payments under this subchapter.

(2) The Mayor shall promulgate rules to implement the provisions of paragraph (1) of this subsection.


(Mar. 3, 1979, D.C. Law 2-139, § 2316, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(t), (u), 27 DCR 2632; Oct. 20, 1999, D.C. Law 13-38, § 602, 46 DCR 6373; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(11), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.16.

1973 Ed., § 1-353.16.

Effect of Amendments

D.C. Law 13-38 added subsec. (d).

D.C. Law 18-223 added subsec. (a-1).

Cross References

Health and Hospitals Public Benefit Corporation, easy out and early out retirement incentive programs, disability recipients, see § 44-1103.01.

Emergency Legislation

For temporary (90-day) amendment of section, see § 602 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 day) amendment of section, see § 1062(b)(11) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).


§ 1–623.17. Time of accrual of right.

(a) An employee is not entitled to compensation or continuation of pay as provided in § 1-623.18 for the first 3 days of temporary disability which would have otherwise been workdays for the employee, except:

(1) When the disability exceeds 14 calendar days;

(2) When the disability is followed by permanent disability; or

(3) As provided by §§ 1-623.03 and 1-623.04.

(b) An employee may use annual or sick leave to his or her credit at the time the disability begins but the time period specified in subsection (a) of this section does not begin to run until the use of annual or sick leave ends.


(Mar. 3, 1979, D.C. Law 2-139, § 2317, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(v), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-624.17.

1973 Ed., § 1-353.17.


§ 1–623.18. Continuation of pay; election to use annual or sick leave.

(a) The District of Columbia government shall authorize the continuation of pay of an employee, as defined in paragraph (1) of § 1-623.01, who has filed a claim for a period of wage loss due to a traumatic injury with his or her immediate superior on a form approved by the Mayor within the time specified in paragraph (2) of subsection (a) of § 1-623.22.

(b) Continuation of pay under this subchapter shall be furnished:

(1) Unless controverted under rules and regulations of the Mayor;

(2) For a period not to exceed 45 days for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, provided that the period of continuation of pay shall not exceed 21 days for all other employees, beginning 2 years after December 29, 1994; and

(3) Under accounting procedures and such other rules and regulations as the Mayor may require.

(c) If a claim under subsection (a) of this section is denied by the Mayor, payments under this section, at the option of the employee, shall be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of § 5584 of Title 5 of the United States Code or equivalent provisions of this chapter.

(d) Payments under this section shall not be considered compensation as defined by paragraph (12) of § 1-623.01.


(Mar. 3, 1979, D.C. Law 2-139, § 2318, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(w), 27 DCR 2632; Sept. 26, 1995, D.C. Law 11-52, § 810(g), 42 DCR 3684.)

Prior Codifications

1981 Ed., § 1-624.18.

1973 Ed., § 1-353.18.

Section References

This section is referenced in § 1-623.17.


§ 1–623.19. Notice of injury or death.

(a) An employee injured in the performance of his or her duty, or someone on his or her behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in § 1-623.33, or someone on his or her behalf. A notice of injury or death shall:

(1) Be given within 30 days after the injury or death;

(2) Be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;

(3) Be in writing;

(4) State the name and address of the employee;

(5) State the year, month, day, hour when, and the particular locality where the injury or death occurred;

(6) State the cause and nature of the injury, or in the case of death, the employment factors believed to be the cause;

(7) Be signed by and contain the address of the individual giving the notice; and

(8) Be accompanied by a form approved by the Mayor authorizing access to all related medical and earnings data concerning the claimant.

(b) Failure to give the notice shall not bar any claim under this chapter:

(1) If the employer or the Disability Compensation Fund had actual knowledge of the injury or death and its relationship to the employment and the employer has not been prejudiced by failure to give the notice;

(2) If the Mayor or his or her designee excuses the failure on the ground that for some satisfactory reason the notice could not be given; or

(3) Unless objection to the failure is not raised before the Mayor at the first hearing of a claim for compensation relating to the injury or death at the Department of Employment Services.

(c) The time limitations in this section shall not apply to:

(1) A minor until he or she reaches 21 years of age or has had a legal representative appointed; or

(2) An incompetent individual while he or she is incompetent and has no duly appointed legal representative.


(Mar. 3, 1979, D.C. Law 2-139, § 2319, 25 DCR 5740; Apr. 5, 2005, D.C. Law 15-290, § 2(b), 52 DCR 1449; Mar. 8, 2007, D.C. Law 16-231, § 2(a), 54 DCR 365; Mar. 14, 2007, D.C. Law 16-294, § 2(a), 54 DCR 1086.)

Prior Codifications

1981 Ed., § 1-624.19.

1973 Ed., § 1-353.19.

Section References

This section is referenced in § 1-623.22.

Effect of Amendments

D.C. Law 15-290 added subsecs. (b) and (c).

D.C. Law 16-231, in subsec. (b)(3), substituted “is not raised” for “is raised”.

D.C. Law 16-294, in subsec. (b), deleted “if” from the end of the lead-in text, inserted “If” at the beginning of pars. (1) and (2), and inserted “Unless” at the beginning of par. (3).


§ 1–623.20. Report of injury.

(a) The immediate superior of an employee shall report to the Mayor an injury to the employee that results in his or her death or probable injury within 3 days from the date of the injury or death or the date that the superior has knowledge of the injury, whichever is earlier.

(b) Notwithstanding § 1-623.24(a)(1), failure of a superior to report an injury or death shall not impair a claimant’s right to compensation. The Mayor may:

(1) Prescribe the information that the report shall contain;

(2) Require the immediate superior to make supplemental reports; and

(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.


(Mar. 3, 1979, D.C. Law 2-139, § 2320, 25 DCR 5740; Apr. 5, 2005, D.C. Law 15-290, § 2(c), 52 DCR 1449.)

Prior Codifications

1981 Ed., § 1-624.20.

1973 Ed., § 1-353.20.

Effect of Amendments

D.C. Law 15-290 rewrote the section which had read:

“Immediately after an injury to an employee which results in his or her death or probable disability, his or her immediate superior shall report to the Mayor. The Mayor may:

“(1) Prescribe the information that the report shall contain;

“(2) Require the immediate superior to make supplemental reports; and

“(3) Obtain such additional reports and information from employees as are agreed on by the Mayor and the head of the employing agency.”


§ 1–623.21. Claim required; contents.

(a) Compensation under this subchapter may be allowed only if an individual or someone on his or her behalf makes claim therefor. The claim shall:

(1) Be made in writing within the time specified by § 1-623.22;

(2) Be delivered to the Office of the Mayor or to an individual whom the Mayor may designate by rules and regulations, or deposited in the mail properly stamped and addressed to the Mayor or his or her designee;

(3) Be on a form approved by the Mayor;

(4) Contain all information required by the Mayor;

(5) Be sworn to by the individual entitled to compensation or someone on his or her behalf; and

(6) Except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.

(b) The Mayor may waive paragraphs (3) through (6) of subsection (a) of this section for reasonable cause shown.


(Mar. 3, 1979, D.C. Law 2-139, § 2321, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(x), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-624.21.

1973 Ed., § 1-353.21.


§ 1–623.22. Time for making claim.

(a) An original claim for compensation for disability or death must be filed within 2 years after the injury or death. Compensation for disability or death, including medical care in a disability case, may not be allowed if claim is not filed within that time unless:

(1) The immediate superior has actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or

(2) Written notice of injury or death as specified in § 1-623.19 was given within 30 days.

(b) In a case of latent disability, the time for filing a claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his or her employment. In such a case, the time for giving notice of injury begins to run when the employee is aware or, by the exercise of reasonable diligence, should have been aware that his or her condition is causally related to his or her employment, whether or not there is a compensable disability.

(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.

(d) The time limitations in subsections (a) and (b) of this section do not:

(1) Begin to run against a minor until he or she reaches 21 years of age or has had a legal representative appointed; or

(2) Run against an incompetent individual while he or she is incompetent and has no duly appointed legal representative; or

(3) Run against any individual whose failure to comply is excused by the Mayor on the ground that such notice could not be given because of exceptional circumstances.

(e) An injured worker may reopen a case within one year after the date of the last payment of indemnity or the final order issued by a judicial entity.


(Mar. 3, 1979, D.C. Law 2-139, § 2322, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(y), 27 DCR 2632; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(12), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.22.

1973 Ed., § 1-353.22.

Section References

This section is referenced in § 1-623.18 and § 1-623.21.

Effect of Amendments

D.C. Law 18-223, in subsec. (a), substituted “2 years” for “3 years”; and added subsec. (e).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(12) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).


§ 1–623.23. Physical examinations.

(a) An employee shall submit to examination by a medical officer of the District of Columbia government, or by a physician designated or approved by the Mayor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him or her present to participate in the examination.

(a-1) Each person who provides medical care or service under this subchapter shall utilize a standard coding system for reports and bills pursuant to regulations prescribed by the Mayor.

(a-2) Any medical care or service furnished or scheduled to be furnished under this subchapter shall be subject to utilization review. Utilization review may be accomplished prospectively, concurrently, or retrospectively. A decision on the medical care or service to the employee shall be made by the utilization review organization or individual within 60 days after the utilization review is requested. If the utilization review is not completed within 120 days of the request, the care or service under review shall be deemed approved. If the Mayor denies medical care or service because the medical care provider or claimant has not provided enough information for the utilization review process, the provider or claimant may request approval for the medical care or service again by providing new information.

(1) In order to determine the necessity, character, or sufficiency of any medical care or service furnished or scheduled to be furnished under this subchapter and to allow for the performance of competent utilization review, a utilization review organization or individual used pursuant to this chapter shall be certified by the Utilization Review Accreditation Commission.

(2) When it appears that the necessity, character, or sufficiency of medical care or service to an employee is improper or that medical care or service scheduled to be furnished must be clarified, the Mayor, employee, or District of Columbia government may initiate review by a utilization review organization or individual.

(3) If the medical care provider or employee disagrees with the opinion of the utilization review organization or individual, the medical care provider, or employee shall have the right to request reconsideration of the opinion by the utilization review organization or individual 60 calendar days from receipt of the utilization review report. The request for reconsideration shall be written and contain reasonable medical justification for the reconsideration.

(4) Disputes between a medical care provider, employee, or District of Columbia government on the issue of necessity, character, or sufficiency of the medical care or service furnished, or scheduled to be furnished, or the fees charged by the medical care provider shall be resolved by the Mayor upon application for a hearing by the District of Columbia government, employee, or medical provider. The decision of the Mayor may be reviewed by the Superior Court of the District of Columbia. The decision may be affirmed, modified, revised, or remanded in the discretion of the court. The decision shall be affirmed if supported by substantial competent evidence on the record.

(5) The District of Columbia government shall pay the cost of a utilization review if the employee seeks the review and is the prevailing party.

(a-3) Medical care providers shall not hold employees liable for services rendered in connection with a compensable injury under this subchapter.

(b) An employee is entitled to be paid expenses incident to an examination required by the Mayor which, in the opinion of the Mayor, are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Mayor, are paid from the Employees’ Compensation Fund.

(c) The Mayor shall fix the fees for examinations under this section by physicians not employed by or under contract to the District of Columbia government to furnish medical services to employees. The fees, when authorized or approved by the Mayor, are paid from the Employees’ Compensation Fund.

(d) If an employee refuses to submit to or obstructs an examination, his or her right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee.


(Mar. 3, 1979, D.C. Law 2-139, § 2323, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(d), 37 DCR 6890; Apr. 5, 2005, D.C. Law 15-290, § 2(d), 52 DCR 1449; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(13), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1122(b), 59 DCR 8025.)

Prior Codifications

1981 Ed., § 1-624.23.

1973 Ed., § 1-353.23.

Section References

This section is referenced in § 1-623.03.

Effect of Amendments

D.C. Law 15-290, in subsec. (a-2), inserted “A decision on the medical care or service to the employee shall be made by the utilization review organization or individual within 60 days after the utilization review is requested. If the utilization review is not completed within 120 days of the request, the care or service under review shall be deemed approved. If the Mayor denies medical care or service because the medical care provider or claimant has not provided enough information for the utilization review process, the provider or claimant may request approval for the medical care or service again by providing new information.” at the end of the second lead-in sentence, inserted “or employee” following “If the medical care provider” and inserted “, or employee” following “individual, the medical care provider” in par. (3), and inserted “In all medical opinions used under this section, the diagnosis or medical opinion of the employee’s treating physician shall be accorded great weight over other opinions, absent compelling reasons to the contrary.” in par. (4).

D.C. Law 18-223, in subsec. (a-2)(4), deleted “In all medical opinions used under this section, the diagnosis or medical opinion of the employee’s treating physician shall be accorded great weight over other opinions, absent compelling reasons to the contrary.”

The 2012 amendment by D.C. Law 19-168 would have added the last sentence in (a-2)(4).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1062(b)(13) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

Section 1122(b) of D.C. Law 19-168 would have added a sentence in (a-2)(4) to read as follows: “In all medical opinions used under this section, the diagnosis or medical opinion of the employee’s treating physician shall be accorded great weight over other opinions, absent compelling reasons to the contrary.”

Applicability of D.C. Law 19-168: Section 1123 of D.C. Law 19-168 provided that subtitle L of the act (§§ 1121 to 1123) shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) through (29) of the Revised Revenue Estimate Contingency Priority List Act of 2012, passed on 2nd reading on June 5, 2012 (Enrolled version of Bill 19-743).

Applicability of D.C. Law 19-168: The Budget Office of the District of Columbia Council has determined that the conditions of § 1123 of D.C. Law 19-168 were not met. Therefore the amendments to this section by section 1122(a) of D.C. Law 19-168 have not been given effect.


§ 1–623.24. Time for making claim; finding of facts; award; right to hearing; conduct of hearing.

(a) The Mayor or his or her designee shall determine and make a finding of facts and an award for or against payment of compensation under this subchapter within 30 days after the claim was filed based on the following guidelines:

(1) The claim presented by the beneficiary and the report furnished by the employee’s immediate superior; and

(2) Any investigation as the Mayor or his or her designee considers necessary, provided that the investigation shall not extend beyond 30 days from the date that the Mayor received the report of the injury.

(a-1) Failure of an employee’s immediate superior to report an injury shall not prejudice a claimant’s right to benefits, nor relieve the Mayor or his or her designee of the duty to make a finding of facts and an award for or against payment of compensation within 30 days after the date the claim was filed.

(a-2) Failure of the Mayor or his or her designee to complete an investigation under subsection (a) of this section shall not prejudice a claimant’s right to benefits.

(a-3)(1) If the Mayor or his or her designee fails to make a finding of facts and an award for or against payment of compensation on a newly filed claim within 30 calendar days, the claim shall be deemed accepted, and the Mayor or his or her designee shall commence payment of compensation on the 31st day following the date the claim was filed. This section shall not apply if the Mayor provides notice in writing that extenuating circumstances preclude the Mayor from making a decision within this period, which shall include supporting documentation stating the reasons why a finding of facts and an award for or against compensation cannot be made within this period.

(2) If after the commencement of payment, the Mayor makes a determination against payment of compensation, payment shall cease; provided, that the Mayor or his or her designee may recoup benefits under § 1-623.29. The claimant shall not be required to repay monies received until all administrative remedies to the Department of Employment Service have been exhausted under subsection (b) of this section and under § 1-623.28.

(a-4) Repealed.

(b)(1) Before review under § 1-623.28(a), a claimant for compensation not satisfied with a decision of the Mayor or his or her designee under subsection (a) of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on the claim before a Department of Employment Services Disability Compensation Administrative Law Judge. At the hearing, the claimant and the Corporation Counsel are entitled to present evidence. Within 30 days after the hearing, the Mayor or his or her designee shall notify the claimant, the Corporation Counsel, and the Office of Personnel in writing of his or her decision and any modifications of the award he or she may make and the basis of the decision.

(2) In conducting the hearing, the representative of the Mayor is not bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, or by the provisions of the District of Columbia Administrative Procedure Act (D.C. Code, § 2-501 et seq.), except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he or she shall receive such relevant evidence as the claimant adduces and such other evidence as he or she determines necessary or useful in evaluating the claim.

(3) The Mayor or his or her designee shall begin payment of compensation to the claimant within 30 days after the date of an order from the Department of Employment Services Administrative Law Judge.

(c) Repealed.

(d)(1) The Mayor may modify an award of compensation if the Mayor or his or her designee has reason to believe a change of condition has occurred. The modification shall be made in accordance with the standards and procedures as follows:

(A) The Mayor shall provide written notice to the claimant of the proposed modification with the supportive documentation relied upon for the modification;

(B) The claimant shall have at least 30 days to provide the Mayor with written information as to why the proposed modification is not justified; and

(C) The Mayor shall conduct a full review of the reasons for the proposed modification and the arguments and information provided by the claimant.

(2) If the Mayor determines that modification of the award is required, the Mayor shall provide written notice to the claimant of the modification, including the reasons for the modification and the claimant’s right to seek review of that decision under subsection (b) of this section.

(3) The Mayor may not modify benefits until requirements under this subsection have been completed, or until any deadline established by the Mayor for the submission of additional information has expired, whichever is later, except that the following modifications may be made contemporaneously with the provision of a notice under this subsection:

(A) The award of compensation was for a specific period of time which has expired;

(B) The death of the claimant;

(C) The claimant has been released to return to work or has returned to work based upon clear evidence;

(D) The claimant has been convicted of fraud in connection with the claim; or

(E) Payment of compensation has been suspended due to the claimant’s failure to participate in vocational rehabilitation, failure to follow prescribed and recommended courses of medical treatment from the treating physician, or failure to cooperate with the Mayor’s request for a physical examination.

(4) An award for compensation may not be modified because of a change to the claimant’s condition unless:

(A) The disability for which compensation was paid has ceased or lessened;

(B) The disabling condition is no longer causally related to the employment;

(C) The claimant’s condition has changed from a total disability to a partial disability;

(D) The employee has been released to return to work in a modified or light duty basis; or

(E) The Mayor or his or her designee determines based upon strong compelling evidence that the initial decision was in error.

(e) The Mayor shall provide a claimant and his or her attorney with access to the claimant’s file within 5 business days after a request to review the file is made. The claimant shall be provided, upon request, with one set of copies of the documents in the file.

(f) A claimant who is not satisfied with a decision under subsection (d) of this section may, within 30 days after the issuance of a decision, request a hearing on the claim before a Department of Employment Services Disability Compensation Administrative Law Judge under subsection (b) of this section.

(g) If the Mayor or his or her designee fails to make payments of the award for compensation as required by subsection (a-3)(1), (a-4)(2), or (b)(3) of this section, the award shall be increased by an amount equal to one month of the compensation for each 30-day period that payment is not made; provided, that the increase shall not exceed 12 months’ compensation. In addition, the claimant may file with the Superior Court of the District of Columbia a lien against the Disability Compensation Fund, the General Fund of the District of Columbia, or any other District fund or property to pay the compensation award. The Court shall fix the terms and manner of enforcement of the lien against the compensation award.


(Mar. 3, 1979, D.C. Law 2-139, § 2324, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(z), 27 DCR 2632; Mar. 6, 1991, D.C. Law 8-198, § 3(e), 37 DCR 6890; Nov. 19, 1997, 111 Stat. 2181, Pub. L. 105-100, § 150(c)(3); Mar. 26, 1999, D.C. Law 12-175, § 2102(c), 45 DCR 7193; Oct. 3, 2001, D.C. Law 14-28, § 1203(e), 48 DCR 6981; Apr. 5, 2005, D.C. Law 15-290, § 2(e), 52 DCR 1449; Mar. 8, 2007, D.C. Law 16-231, § 2(b), 54 DCR 365; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(14), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.24.

1973 Ed., § 1-353.24.

Section References

This section is referenced in § 1-623.06a, § 1-623.20, § 1-623.27, § 1-623.28, § 1-623.35, § 1-623.42, and § 1-623.44.

Effect of Amendments

D.C. Law 14-28, in subsec. (b)(1), substituted “before a Department of Employment Services Disability Compensation Administrative Law Judge” for “before a representative of the Mayor” in the first sentence and substituted “Office of Personnel” for “Benefits Administration Office of the Department of Employment Services” in the last sentence; and, in subsec. (d), in the third sentence, substituted “Director of the Department of Employment Services” for “Mayor or his or her designee”, and substituted “Office of Personnel” for “Benefits Administration Office of the Department of Employment Services”.

D.C. Law 15-290 rewrote subsecs. (a) and (d); and added subsecs. (a-1) to (a-4), par. (3) of subsec. (b), and subsecs. (e) and (f).

D.C. Law 16-231 added subsec. (g).

D.C. Law 18-223, in subsec. (a-3)(1), substituted “against payment of compensation on a newly filed claim” for “against payment of compensation”; repealed subsec. (a-4); rewrote subsecs. (d)(3)(C), (E), and (4)(D).

Emergency Legislation

For temporary amendment of section, see § 1702(c) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(c) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(c) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1103(e) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(14) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.

Application of § 150(c) of Pub. L. 105-100: Section 150(c)(5) of Pub. L. 105-100, 111 Stat. 2181, the District of Columbia Appropriations Act, 1998, provided that the amendments made by subsection (c) shall apply with respect to services, supplies, or appliances furnished under title XXIII of the District of Columbia Merit Personnel Act of 1978 on or after the date of the enactment of this Act. Public Law 105-100 was approved November 19, 1997.


§ 1–623.25. Misbehavior at proceedings.

If an individual does the following: (1) Disobeys or resists a lawful order or process in proceedings under this subchapter before the Mayor or his or her representative; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct it, the Mayor or his or her representative shall certify the facts to the Superior Court of the District of Columbia. The Court, in a summary manner, shall hear the evidence as to the acts complained of and, if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the Court, or commit the individual on the same conditions as if the forbidden act has occurred with reference to the process of or in the presence of the Court.


(Mar. 3, 1979, D.C. Law 2-139, § 2325, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.25.

1973 Ed., § 1-353.25.


§ 1–623.26. Subpoenas; oaths; examination of witnesses.

The Mayor, on any matter within his or her jurisdiction under this subchapter, shall have the authority to:

(1) Issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles of the District of Columbia;

(2) Administer oaths;

(3) Examine witnesses; and

(4) Require the production of books, papers, documents, and other evidence.


(Mar. 3, 1979, D.C. Law 2-139, § 2326, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.26.

1973 Ed., § 1-353.26.


§ 1–623.27. Representation; attorneys; fees.

(a) A claimant may authorize an individual to represent him or her in any proceeding before an administrative law judge under § 1-623.24(b). The claimant shall pay the fee for the representation.

(b)(1) For the purposes of this subsection, the term “successful prosecution” means obtaining an award of compensation that exceeds the amount that was previously awarded, offered, or determined. The term “successful prosecution” shall include a reinstatement or partial reinstatement of benefits which are reduced or terminated.

(2) If a person utilizes the services of an attorney-at-law in the successful prosecution of his or her claim under § 1-623.24(b) or before any court for review of any action, award, order, or decision, there shall be awarded, in addition to the award of compensation, in a compensation order, a reasonable attorney’s fee, not to exceed 20% of the actual benefit secured, which fee award shall be paid directly by the Mayor or his or her designee to the attorney for the claimant in a lump sum within 30 days after the date of the compensation order.

(c) A person who receives any fees, other consideration, or any gratuity on account of services rendered as a representative of the claimant in an administrative or judicial proceeding under this subchapter, or who makes it a business to solicit employment for a lawyer, or for himself in respect of any claim or award for compensation, unless such consideration or any gratuity is approved as part of an order, shall be guilty of a misdemeanor and, upon conviction for each offense shall be punished by a fine of not more than $1,000, or imprisonment for not more than one year, or both. This provision applies to all benefits secured through the efforts of the attorney, including settlements provided for under this subchapter.

(d) Repealed.

(e)(1) In all cases, fees for attorneys representing the claimant shall be approved in the manner herein provided. If any proceedings are had before the administrative law judge or any court for review of any action, award, order, or decision, the administrative law judge or court shall approve an attorney’s fee for the work done before the administrative law judge or court, as the case may be, by the attorney for the claimant.

(2) An approved attorney’s fee, in cases in which the obligation to pay the fee is upon the claimant, may be made a lien upon the compensation order due under an award, and the administrative law judge or court shall fix in the award approving the fee such lien and manner of payment.


(Mar. 3, 1979, D.C. Law 2-139, § 2327, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(d), 45 DCR 7193; Mar. 8, 2007, D.C. Law 16-231, § 2(c), 54 DCR 365; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(15), 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 1092, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 1-624.27.

1973 Ed., § 1-353.27.

Effect of Amendments

D.C. Law 16-231 rewrote this section, which formerly read:

“(a) A claimant may authorize an individual to represent him or her in any proceeding under this subchapter before the Mayor.

“(b) A claim for legal or other services furnished on behalf of a claimant in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Mayor.”

D.C. Law 18-223 rewrote subsecs. (a) and (b); and repealed subsec. (d).

D.C. Law 19-21 rewrote subsec. (b); and added subsec. (e). Prior to amendment, subsec. (b) read as follows: “(b) In all cases, a claim for legal or other services furnished on behalf of a claimant in respect to a case, claim, or award for compensation under this title shall be valid only if approved by the administrative law judge.”

Emergency Legislation

For temporary amendment of section, see § 1702(d) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(d) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(d) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1062(b)(15) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 1091 of D.C. Law 19-21 provided that subtitle I of title I of the act may be cited as “Disability Compensation Program Amendment Act of 2011”.


§ 1–623.28. Review of award.

(a) The Director of the Department of Employment Services may review an award for or against payment of compensation on application by either the claimant or the Office of the Corporation Counsel. An application for review pursuant to this subsection must be filed within 30 days after the date of the issuance of the decision of the Mayor or his or her designee pursuant to § 1-623.24(b)(1). The decision of the Mayor or his or her designee pursuant to § 1-623.24(b)(1) may be affirmed, modified, revised, or remanded in the discretion of the Director. The decision of the Mayor or his or her designee pursuant to § 1-623.24 shall be affirmed if supported by substantial competent evidence on the record. The Director shall notify the claimant, the Corporation Counsel, and the Office of Personnel in writing of his or her decision.

(b) The action of the Director in allowing or denying a payment under this subchapter may be reviewed by the District of Columbia Court of Appeals. An application for review to the District of Columbia Court of Appeals shall be filed within 30 days of the date of the issuance of the decision by the Director. The decision of the Director may be affirmed, modified, revised or remanded in the discretion of the Court. The decision of the Director shall be affirmed if supported by substantial competent evidence on the record. Credit shall be allowed in the accounts of a certifying or disbursing official for payment in accordance with that action.

(c) Notwithstanding subsection (b) of this section, an action in which the United States Department of Labor (or other federal authority) participated at any stage of the adjudication allowing or denying payment under this subchapter pursuant to an agreement with the District of Columbia is:

(1) Final and conclusive for all purposes and with respect to all questions of law or fact; and

(2) Not subject to review by a court by mandamus or otherwise.


(Mar. 3, 1979, D.C. Law 2-139, § 2328, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(aa), 27 DCR 2632; Mar. 26, 1999, D.C. Law 12-175, § 2102(e), 45 DCR 7193; Oct. 3, 2001, D.C. Law 14-28, § 1203(f), 48 DCR 6981.)

Prior Codifications

1981 Ed., § 1-624.28.

1973 Ed., § 1-353.28.

Section References

This section is referenced in § 1-623.02a, § 1-623.13, § 1-623.24, § 1-623.35, and § 1-623.42.

Effect of Amendments

D.C. Law 14-28 inserted “of the Department of Employment Services” following “Director”; and, substituted “Office of Personnel” for “Benefits Administration Office of the Department of Employment Services”.

Emergency Legislation

For temporary amendment of section, see § 1702(e) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(e) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(e) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 1103(f) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).


§ 1–623.29. Recovery of overpayments.

(a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, under rules and regulations prescribed by the Mayor, either recovery of the overpayments shall be required of the individual or adjustment shall be made by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, an adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual’s death.

(a-1) Before seeking to recover an overpayment or adjust benefits, the District government shall advise the individual in writing:

(1) That the overpayment exists, and the amount of the overpayment;

(2) That a preliminary finding shows that the individual either was or was not at fault in the creation of the overpayment;

(3) That the individual has the right to inspect and copy government records relating to the overpayment; and

(4) That the individual has the right to request a waiver of the adjustment or recovery and to present evidence that challenges the fact or amount of the overpayment or the preliminary finding that he or she was at fault in the creation of the overpayment.

(b)(1) Adjustment or recovery by the District government shall be waived when incorrect payment has been made to an individual who is without fault and recovery would defeat the purpose of this subchapter or would be against equity and good conscience.

(2)(A) For the purposes of this subsection:

(i) The term “at fault” means that an individual has made an incorrect statement as to a material fact that he or she knew or should have known to be incorrect; failed to provide information which he or she knew or should have known to be material; or accepted a payment which he or she knew or should have known to be incorrect.

(ii) The term “without fault” means an individual is receiving benefits pursuant to a good faith dispute as to whether his or her medical condition entitles him or her to receive those benefits.

(iii) The phrase “recovery would defeat the purpose of this subchapter” means that recovery would cause hardship to a current or former claimant or other beneficiary because he or she needs substantially all of his or her current income, including compensation to meet current ordinary and necessary living expenses which shall include:

(I) Fixed living expenses such as food, housing, utilities, maintenance, insurance, and taxes;

(II) Medical, hospitalization, and related expenses;

(III) Expenses for the support of others for whom the individual is legally responsible; and

(IV) Expenses that may be reasonably considered as part of the individual’s standard of living.

(iv) The phrase “against equity and good conscience” means that recovery would cause severe financial hardship to an individual to make the overpayment.

(B) The determination of whether an individual was at fault regarding an overpayment shall depend upon the totality of circumstances surrounding the overpayment including the complexity of those circumstances and the individual’s capacity to realize that he or she is being overpaid. The government shall consider all pertinent circumstances including the individual’s age, intelligence, and any physical, mental, educational, or linguistic limitations including any difficulty with the English language.

(b-1)(1) Before the District government may seek to recover an overpayment or adjust benefits, the government must allow the individual the opportunity to present evidence to the government in writing or at a pre-recoupment hearing. The evidence must be presented or the hearing requested within 30 days of the date of the written notice of the overpayment. The 30-day requirement can be waived for good cause including mental or physical incapacity of the individual or lack of timely receipt of the notice of adjustment or recoupment.

(2) An individual shall be required to provide relevant information and documentation to support his or her claim of severe financial hardship or that the individual needs substantially all of his or her current income to meet current ordinary and necessary living expenses. Failure to submit the requested information within 30 days of the request shall result in denial of a request for a waiver and no further request for a waiver shall be considered until the requested information is furnished.

(c) A certifying or disbursing official is not liable for an amount certified or paid by him when:

(1) Adjustment or recovery of the amount is waived under subsection (b) of this section; or

(2) Adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.


(Mar. 3, 1979, D.C. Law 2-139, § 2329, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(f), 45 DCR 7193; Apr. 5, 2005, D.C. Law 15-290, § 2(f), 52 DCR 1449.)

Prior Codifications

1981 Ed., § 1-624.29.

1973 Ed., § 1-353.29.

Section References

This section is referenced in § 1-623.06 and § 1-623.24.

Effect of Amendments

D.C. Law 15-290 added subsecs. (a-1) and (b-1); and rewrote subsec. (b) which had read:

“(b) Adjustment or recovery by the District of Columbia government may be waived when incorrect payment has been made to an individual who is without fault and when recovery would defeat the purpose of this subchapter or would be against equity and good conscience.”

Emergency Legislation

For temporary amendment of section, see § 1702(f) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(f) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(f) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).


§ 1–623.30. Assignment of claim.

An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.


(Mar. 3, 1979, D.C. Law 2-139, § 2330, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.30.

1973 Ed., § 1-353.30.


§ 1–623.31. Subrogation of the District of Columbia.

(a)(1) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the District of Columbia government to pay damages, the Mayor may require the beneficiary to do the following:

(A) Assign to the District of Columbia government any right of action he or she may have to enforce the liability or any right he or she may have to share in money or other property received in satisfaction of that liability; or

(B) Prosecute the action in his or her own name.

(2) An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.

(b) A beneficiary who refuses to assign or prosecute an action in his or her own name when required by the Mayor is not entitled to compensation under this subchapter.

(c) The Mayor may prosecute or compromise a cause of action assigned to the District of Columbia government. When the Mayor realizes on the cause of action, he or she shall deduct therefrom and place to the credit of the Employees’ Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payment of compensation payable for the same injury. The beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.


(Mar. 3, 1979, D.C. Law 2-139, § 2331, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.31.

1973 Ed., § 1-353.31.

Section References

This section is referenced in § 1-623.42.


§ 1–623.32. Adjustment after recovery from third person.

If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the District of Columbia government to pay damages, and a beneficiary entitled to compensation from the District of Columbia government for that injury or death receives money or other property in satisfaction of that liability as a result of suit or settlement by him or her in his or her behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the District of Columbia government the amount of compensation paid by the District of Columbia government and credit any surplus on future payments of compensation payable to him or her for the same injury. No court, insurer, attorney or other person shall pay or distribute to the beneficiary or his or her designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the District of Columbia government. The amount refunded to the District of Columbia government shall be credited to the Employees’ Compensation Fund. If compensation has not been paid to the beneficiary, he or she shall credit the money or property on compensation payable to him or her by the District of Columbia government for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted, and, in addition to this minimum and at the time of distribution, to retain an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the District of Columbia government.


(Mar. 3, 1979, D.C. Law 2-139, § 2332, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(bb), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-624.32.

1973 Ed., § 1-353.32.

Section References

This section is referenced in § 1-623.42.

Cross References

Health care assistance reimbursement, rights to reimbursement, see § 4-601 et seq.


§ 1–623.33. Compensation in case of death.

(a) If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:

(1) To the surviving spouse or domestic partner, if there is no child, 50 percent;

(2) To the surviving spouse or domestic partner, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the surviving spouse or domestic partner and children;

(3) To the children, if there is no surviving spouse or domestic partner, 40 percent for 1 child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children, share and share alike;

(4) To the parents, if there is no surviving spouse or domestic partner, or child, as follows:

(A) Twenty percent, if 1 parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent;

(B) Twenty percent to each, if both were wholly dependent; or

(C) A proportionate amount in the discretion of the Mayor if one or both were partly dependent. If there is a surviving spouse or domestic partner, or child, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, and children, will not exceed a total of 75 percent;

(5)(A) To the brothers, sisters, grandparents, and grandchildren, if there is no surviving spouse or domestic partner, child, or dependent parent, as follows:

(i) Twenty percent, if one was wholly dependent on the employee at the time of death;

(ii) Thirty percent, if more than one were wholly dependent, divided among the dependents, share and share alike; or

(iii) Ten percent, if no one is wholly dependent but one or more is partly dependent, divided among the dependents, share and share alike; or

(B) If there is a surviving spouse or domestic partner, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the surviving spouse or domestic partner, children, and dependent parents, will not exceed a total of 75 percent.

(b)(1) The compensation payable under subsection (a) of this section is paid from the time of death until:

(A) A surviving spouse or domestic partner dies, remarries, or enters into a domestic partnership;

(B) A child, brother, sister, or grandchild dies, marries or enters into a domestic partnership, or becomes 18 years of age or, if over age 18 and incapable of self-support, becomes capable of self-support; or

(C) A parent or grandparent dies, marries or enters into a domestic partnership, or ceases to be dependent.

(2) Notwithstanding the provisions of subparagraph (B) of paragraph (1) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he or she is a student as defined by § 1-623.01 at the time he or she reaches 18 years of age for so long as he or she continues to be such a student or until he or she marries. A surviving spouse or domestic partner who is entitled to benefits under this subchapter derived from more than one husband or wife shall elect one entitlement to be utilized.

(c) On the cessation of compensation under this section to or on the account of an individual, the compensation of the remaining individuals, entitled to compensation or the unexpired part of the period during which their compensation is payable is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee.

(d) When there are 2 or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Mayor may modify the apportionment to meet the requirements of the case.

(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS-2 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter. The total monthly compensation may not exceed:

(1) The monthly pay computed under § 1-623.14, except for increases authorized by § 1-623.41; or

(2) Seventy-five percent of the maximum monthly rate of basic pay for GS-15 as provided in § 5332 of Title 5 of the United States Code or its equivalent as provided in subchapter XI of this chapter for employees hired before January 1, 1980, or for employees who have a claim for compensation for disability pending on December 29, 1994, or 73% of the maximum monthly rate of basic pay for DS-12, Step 10 for employees hired after December 31, 1979, who make a claim for compensation for disability after December 29, 1994.

(f) Notwithstanding any funeral and burial expenses paid under § 1-623.34, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of subparagraph (A) of paragraph (1) of § 1-623.01 for reimbursement of the costs of termination of the decedent’s status as an employee of the District of Columbia government.


(Mar. 3, 1979, D.C. Law 2-139, § 2333, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(h), 42 DCR 3684; Sept. 12, 2008, D.C. Law 17-231, § 3(i), 55 DCR 6758; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(4), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.33.

1973 Ed., § 1-353.33.

Section References

This section is referenced in § 1-623.09, § 1-623.19, § 1-623.35, and § 1-623.38.

Effect of Amendments

D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower” or “widow, widower” throughout the section; in subsec. (b)(1), substituted “marries or enters into a domestic partnership” for “marries”; and, in subsec. (b)(1)(A), substituted “dies, remarries, or enters a domestic partnership” for “dies or remarries”.

The 2015 amendment by D.C. Law 20-155 deleted “before reaching age 60” from the end of (b)(1)(A).

Emergency Legislation

For temporary (90 days) amendment of this section, see §1022(b)(4) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see §1022(b)(4) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see §1022(b)(4) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


§ 1–623.34. Funeral expenses; transportation of body.

(a) If death results from an injury sustained in the performance of duty, the District of Columbia government shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $5,000, at the discretion of the Mayor.

(b) The body of an employee whose home was in the United States, at the discretion of the Mayor, may be embalmed and transported in a hermetically sealed casket to his or her home or last place of residence at the expense of the Employees’ Compensation Fund if:

(1) The employee dies from:

(A) The injury while away from his or her home or official station or outside the United States; or

(B) Other causes while away from his or her home or official station for the purposes of receiving medical or other services, appliances, supplies, or examination under this subchapter; and

(2) The relatives of the employee request the return of the body.

If the relatives do not request the return of the body of the employee, the Mayor may provide for its disposition and incur and pay from the Employees’ Compensation Fund the necessary and reasonable transportation, funeral and burial expenses.


(Mar. 3, 1979, D.C. Law 2-139, § 2334, 25 DCR 5740; Mar. 6, 1991, D.C. Law 8-198, § 3(f), 37 DCR 6890.)

Prior Codifications

1981 Ed., § 1-624.34.

1973 Ed., § 1-353.34.

Section References

This section is referenced in § 1-623.09 and § 1-623.33.

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-623.01.


§ 1–623.35. Lump-sum settlements.

(a) The claimant may enter into an agreement with the Mayor or his or her designee for a lump-sum settlement. Such settlements must be in writing and signed by the Mayor or his or her designee and the claimant. If the claimant is represented by counsel, the settlement documents must also be signed by the attorney for the claimant. Such settlements are to be the complete and final dispositions of a case and once approved require no further action by the Mayor or his or her designee.

(b) In reaching an agreement for a lump-sum settlement pursuant to this section, the probability of the death of the beneficiary before the expiration of the period during which he or she is entitled to compensation shall be determined according to the most current available United States Life Tables, as developed by the United States Department of Health and Human Services, but the lump-sum payment to a surviving spouse or domestic partner of the deceased employee may not exceed 60 months’ compensation. The probability of the occurrence of any other contingency affecting the amount or duration of compensation shall be disregarded.

(c) On remarriage or entry into a domestic partnership before reaching age 60, a surviving spouse or domestic partner entitled to compensation under § 1-623.33 shall be paid a lump-sum equal to 24 times the monthly compensation payment (excluding compensation on account of another individual) to which he or she was entitled immediately before the remarriage or entry into a domestic partnership.

(d) Lump-sum settlements may not be reviewed or modified under § 1-623.24 or § 1-623.28, except in case of fraud or misrepresentation by any party.


(Mar. 3, 1979, D.C. Law 2-139, § 2335, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(g), 45 DCR 7193; Sept. 12, 2008, D.C. Law 17-231, § 3(j), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 1-624.35.

1973 Ed., § 1-353.35.

Section References

This section is referenced in § 1-623.37.

Effect of Amendments

D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower”; in subsec. (c), substituted “remarriage or enters into a domestic partnership” for “remarriage”.

Emergency Legislation

For temporary amendment of section, see § 1702(g) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(g) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90-day) amendment of section, see § 1702(g) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).


§ 1–623.36. Injury incurred; initial payments outside United States.

If an employee is injured outside the continental United States, the Mayor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the District of Columbia government designated by the Mayor for that purpose in the locality in which the employee was employed or the injury incurred.


(Mar. 3, 1979, D.C. Law 2-139, § 2336, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.36.

1973 Ed., § 1-353.36.


§ 1–623.37. Compensation for noncitizens and nonresidents.

(a) When the Mayor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulations, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he or she may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by:

(1) The adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen’s compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or

(2) Establishing special schedules of compensation for injury, death and loss of use of members and functions of the body for specific classes of employees, areas, and place. Irrespective of the basis adopted, the Mayor may at any time:

(A) Modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits;

(B) Modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and

(C) Modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.

(b) In a case under this section, the Mayor or his or her designee may:

(1) Make a lump sum award in the manner prescribed by § 1-623.35 when he or she, or his or her designee, considers it to be for the best interest of the District of Columbia government; and

(2) Compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law. Compensation paid under this subsection is instead of all other compensation from the District of Columbia government for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and satisfaction of all liability of the District of Columbia government in respect to the particular injury or death.

(c) The Mayor may delegate to an employee or agency of the District of Columbia government, with such limitations and right of review as he or she considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such rules, regulations, and instructions as the Mayor considers necessary. For this purpose, the Mayor may provide or transfer funds, including reimbursement of amounts paid under this subchapter.

(d) The Mayor may waive the application of this subchapter in whole or in part and for such period or periods as he or she may fix if the Mayor finds that:

(1) Conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or

(2) Claimants under this section are alien enemies.

(e) The Mayor may apply this section retrospectively with adjustment of compensation and benefits as he or she considers necessary and proper.


(Mar. 3, 1979, D.C. Law 2-139, § 2337, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(cc), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-624.37.

1973 Ed., § 1-353.37.


§ 1–623.38. Minimum limit modification for noncitizens and aliens.

The minimum limit on monthly compensation for disability under § 1-623.12 and the minimum limit on monthly pay on which death compensation is computed under § 1-623.33 do not apply in the case of a noncitizen employee or a class or classes of noncitizen employees who sustain injury outside the continental United States. The Mayor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees.


(Mar. 3, 1979, D.C. Law 2-139, § 2338, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.38.

1973 Ed., § 1-353.38.

Section References

This section is referenced in § 1-623.12.


§ 1–623.39. Student-employees.

A student-employee, as defined by § 5351 of Title 5 of the United States Code , who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty.


(Mar. 3, 1979, D.C. Law 2-139, § 2339, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.39.

1973 Ed., § 1-353.39.


§ 1–623.40. Administration. [Repealed]

Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 2340, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(i), 42 DCR 3684; Oct. 3, 2001, D.C. Law 14-28, § 1203(g), 48 DCR 6981.)

Prior Codifications

1981 Ed., § 1-624.40.

1973 Ed., § 1-353.40.

Emergency Legislation

For temporary (90 day) repeal of section, see § 1103(g) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).


§ 1–623.41. Adjustments in compensation for disability or death.

(a) The Mayor shall award an across-the-board increase in compensation for disability or death whenever an across-the-board increase is awarded pursuant to §§ 1-611.05 and 1-611.06. The percentage amount and effective date of those increases shall be the same as for any increase granted under these sections.

(b) For the purposes of this section, the term "across-the-board increase" means a general pay and salary increase of general applicability that applies to a claimant's service or specific pay schedule.

(c) This section shall not apply to any collective bargaining agreements that are to the contrary.


(Mar. 3, 1979, D.C. Law 2-139, § 2341, 25 DCR 5740; Mar. 15, 1990, D.C. Law 8-92, § 2, 37 DCR 778; Apr. 5, 2005, D.C. Law 15-290, § 2(g), 52 DCR 1449; Dec. 15, 2015, D.C. Law 21-39, § 2, 62 DCR 13744.)

Prior Codifications

1981 Ed., § 1-624.41.

1973 Ed., § 1-353.41.

Section References

This section is referenced in § 1-623.33.

Effect of Amendments

D.C. Law 15-290 rewrote the section which had read:

“On or after April 1, 1990, increases in compensation payable due to disability or death shall be in the same percentage amount and shall have the same effective date as any base salary increase granted, pursuant to §§ 1-611.05 and 1-611.06, to employees in the Career and Excepted Services not covered by collective bargaining. To be eligible for the increase, the disability or death of the employee must have occurred at least 1 year prior to the effective date of the increase.”

The 2015 amendment by D.C. Law 21-39 would have rewritten the section.

Applicability

Section 7003 of D.C. Law 21-160 repealed section 3 of D.C. Law 21-39. Therefore the changes made to this section by D.C. Law 21-39 have been given effect.

Applicability of D.C. Law 21-39: § 3 of D.C. Law 21-39 provided that the change made to this section by § 2 of D.C. Law 21-39 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 1–623.42. Employees’ Compensation Fund.

(a)(1) Repealed.

(2) There is established in the District of Columbia government the Employees’ Compensation Fund (“Fund”), which shall consists of sums that the Council of the District of Columbia government or Congress, from time to time, may appropriate for or transfer to it and amounts that otherwise accrue to it under this chapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses incurred to implement the provisions of this chapter.

(3) Repealed.

(b) Repealed.


(Mar. 3, 1979, D.C. Law 2-139, § 2342, 25 DCR 5740; Mar. 26, 1999, D.C. Law 12-175, § 2102(h), 45 DCR 7193; Apr. 20, 1999, D.C. Law 12-264, § 5(e), 46 DCR 2118; Aug. 16, 2008, D.C. Law 17-219, § 1013, 55 DCR 7598; Oct. 8, 2016, D.C. Law 21-160, §§ 1022, 1023, 63 DCR 10775.)

Prior Codifications

1981 Ed., § 1-624.42.

1973 Ed., § 1-353.42.

Effect of Amendments

D.C. Law 17-219 rewrote subsec. (a).

Applicability

Section 1023 of D.C. Law 21-160 provided that the changes made by section 1022 shall apply as of October 1, 2008.

Emergency Legislation

For temporary amendment of section, see § 1702(h) of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 1702(h) of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary amendment of section, see § 2 of the Disability Compensation Administrative Financing Emergency Amendment Act of 1998 (D.C. Act 12-445, September 8, 1998, 45 DCR 6663), and § 2 of the Fiscal Year 1999 Disability Compensation Administrative Financing Emergency Amendment Act of 1998 (D.C. Act 12-572, January 12, 1999, 46 DCR 903).

For temporary (90 days) amendment of this section, see § 2 of the Employees' Compensation Fund Clarification Emergency Amendment Act of 2015 (D.C. Act 21-225, Dec. 17, 2015, 62 DCR 16245).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Fiscal Year 1999 Disability Compensation Administrative Financing Temporary Amendment Act of 1998 (D.C. Law 12-239, April 20, 1999, law notification 46 DCR 4152).

For temporary (225 days) amendment of this section, see § 2 of the Employees' Compensation Fund Clarification TemporaryAmendment Act of 2015 (D.C. Law 21-86, Mar. 9, 2016, 63 DCR 790).

Short Title

Short title: Section 1012 of D.C. Law 17-219 provided that subtitle F of title I of the act may be cited as the “Employee Compensation Fund Allowance and Clarification Amendment Act of 2008”.


§ 1–623.43. Compensation leave.

Any employee who has used leave as a result of a job-related injury or occupational disease or illness approved by the District government may have such leave restored to his or her credit in accordance with rules and regulations established by the Mayor.


(Mar. 3, 1979, D.C. Law 2-139, § 2343, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(dd), 27 DCR 2632.)

Prior Codifications

1981 Ed., § 1-624.43.

1973 Ed., § 1-353.43.


§ 1–623.44. Rules and regulations.

The Mayor shall promulgate rules necessary or useful for the administration and enforcement of this subchapter, including rules for modifying an award of compensation and for the conduct of hearings under § 1-623.24. An award may be modified only in accordance with those regulations which shall include the following criteria relating to:

(1) Exchange of information including a claimant’s opportunity to provide medical, vocational, or other information to the Mayor prior to a modification of benefits;

(2) Modification procedures including the manner and content of notices to a claimant concerning a proposed modification;

(3) The procedures for providing additional information concerning a claim, the type of information that may be submitted, and the manner in which all information will be considered;

(4) When a modification may properly be made, and the manner of notice to a claimant of the final decision;

(5) Physical examinations including the weight that shall be given to competing medical reports;

(6) File access including the manner in which a claimant or his or her attorney may request access to the claimant’s file;

(7) Standard of review including the standard applicable to a modification process or appeal under this chapter;

(8) Deadlines and extensions applicable to claimants and the Mayor, which also shall provide that a claimant’s failure to miss a deadline will be excused when good cause is found, a definition of “good cause”, and the procedures for determining whether good cause exists; and

(9) Bases for modification including the legal bases upon which an award of compensation may be modified and the standards to determine whether a claimant’s change of condition would justify the modification.


(Mar. 3, 1979, D.C. Law 2-139, § 2344, 25 DCR 5740; Oct. 3, 2001, D.C. Law 14-28, § 1203(h), 48 DCR 6981; Apr. 5, 2005, D.C. Law 15-290, § 2(h), 52 DCR 1449; Apr. 7, 2006, D.C. Law 16-91, § 122, 52 DCR 10637; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(16), 57 DCR 6242.)

Prior Codifications

1981 Ed., § 1-624.44.

1973 Ed., § 1-353.44.

Effect of Amendments

D.C. Law 14-28 deleted the second sentence which had read: “The rules and regulations shall provide for an Employees’ Compensation Appeals Board of 3 individuals designated or appointed by the Mayor with authority to hear and, subject to applicable law and the rules and regulations of the Mayor, make final administrative decisions on appeals taken from determinations and awards with respect to claims of employees.”

D.C. Law 15-290 rewrote the section which had read:

“The Mayor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under § 1-623.24. The Mayor may determine the nature and extent of the proof and evidence required to establish the right to benefits under this subchapter without regard to the date of injury or death for which claim is made.”

D.C. Law 16-91, in par. (4), validated a previously made technical correction.

D.C. Law 18-223 substituted “The Mayor shall promulgate rules necessary or useful for the administration and enforcement of this subchapter, including rules for modifying an award of compensation and for the conduct of hearings under § 1-623.24.” for “The Mayor shall promulgate regulations that explain the standards and procedures that govern determinations for the modification of an award of compensation.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(h) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(16) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Delegation of Authority

Delegation of Rulemaking Authority for Matters Within the Jurisdiction of the Office of Risk Management, see Mayor’s Order 2004-198, December 14, 2004 ( 51 DCR 11887).


§ 1–623.45. Career and Educational Services retention rights.

(a) In the event the individual resumes employment with the District government, the entire time during which the employee was receiving compensation under this subchapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.

(b) Under rules and regulations issued by the Mayor the department or agency which was the last employer shall:

(1) Immediately and unconditionally accord the employee the right to resume his or her former, or an equivalent, position as well as all other attendant rights which the employee would have had or acquired in his or her former position had he or she not been injured or had a disability, including the rights to tenure, promotion, and safeguards in reduction-in-force procedures, provided that the injury or disability has been overcome within two years after the date of commencement of compensation and provision of all necessary medical treatment needed to lessen disability or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the District of Columbia government; or

(2) If the injury or disability is overcome within a period of more than 2 years after the date of commencement of payment of compensation or the provision of medical treatment by the Disability Compensation Fund, make all reasonable efforts to place, and accord priority to placing the employee in his or her former or equivalent position within such department or agency, or within any other department or agency.

(c) Nothing in this provision shall exclude the responsibility of the employing agency to re-employ an employee in a full-duty or part-time status.


(Mar. 3, 1979, D.C. Law 2-139, § 2345, 25 DCR 5740; Sept. 26, 1995, D.C. Law 11-52, § 810(j), 42 DCR 3684; Oct. 3, 2001, D.C. Law 14-28, § 1203(i), 48 DCR 6981; Apr. 5, 2005, D.C. Law 15-290, § 2(i), 52 DCR 1449; Mar. 8, 2007, D.C. Law 16-231, § 2(d), 54 DCR 365; Mar. 14, 2007, D.C. Law 16-294, § 2(b), 54 DCR 1086; Apr. 24, 2007, D.C. Law 16-305, § 3(l), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 1-624.45.

1973 Ed., § 1-353.45.

Effect of Amendments

D.C. Law 14-28, in subsecs. (b)(1) and (2), substituted “1 year” for “2 years”; and, in subsec. (c), substituted “full-duty or part-time status” for “less than full duty status”.

D.C. Law 15-290 rewrote pars. (1) and (2) of subsec. (b) which had read:

“(1) Immediately and unconditionally accord the employee, if the injury or disability has been overcome within 1 year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the District of Columbia government, the right to resume his or her former, or an equivalent, position as well as all other attendant rights which the employee would have had or acquired in his or her former position had he or she not been injured or disabled, including the rights to tenure, promotion, and safeguards in reduction-in-force procedures; and

“(2) If the injury or disability is overcome within a period of more than 1 year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his or her former or equivalent position within such department or agency, or within any other department or agency.”

D.C. Law 16-231, in subsec. (b)(1), inserted “and provision of all necessary medical treatment needed to lessen disability” following “after the date of commencement of compensation”.

D.C. Law 16-294, in subsec. (b)(1), substituted “two years” for “one year”.

D.C. Law 16-305, in subsec. (b)(1), substituted “had a disability” for “disabled”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(i) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

Editor's Notes

Section 2(c) of D.C. Law 16-294 provided that this section shall apply as of April 5, 2005.


§ 1–623.46. Transfer of authority.

In accordance with § 1-202.04(e), the disability compensation functions previously exercised by the United States Secretary of Labor relating to the processing of claims by injured employees of the District of Columbia are transferred to the Mayor on the date that this chapter becomes effective as provided in § 1-636.02.


(Mar. 3, 1979, D.C. Law 2-139, § 2346, 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-624.46.

1973 Ed., § 1-353.46.

Editor's Notes

Application of 1980 amendments to subchapter: Section 3 of the Act of August 7, 1980, D.C. Law 3-81, provided that the amendments made throughout this subchapter by §§ 2(p) through (dd) of that Act shall not apply to applications for disability compensation filed between May 3, 1979, and August 16, 1979, and on February 19, 1980.


§ 1–623.47. Modified work program.

(a) On a monitored, progressive basis, the Mayor may direct employees with temporary or partial disabilities to participate in a modified work program designed to provide consistent and appropriate assistance to employees to return to work quickly and safely.

(b) Agencies shall provide employees who sustain an injury during the course of their employment with a modified duty assignment, if available.

(c) The modified duty assignment shall be temporary. The modified duty assignment may have a minimum duration of 2 basic nonovertime workdays, as that term is defined in § 1-612.01, and a maximum duration of 180 days (assigned in 90-day increments) in any 12-month period. For those employees whose basic nonovertime workday may exceed 8 hours such as police officers or firefighters, the basic nonovertime workday shall be the shift, or tour of duty, worked on a regularly recurring basis for the 3 months immediately preceding the injury.

(d) An employee who is able to perform the duties of his or her pre-injury position during the modified duty assignment period shall be entitled to receive compensation at the same rate of pay as received prior to the injury.

(e) An employee who is not able to perform the full scope of duties of his or her pre-injury position shall receive a modified rate of compensation closest to the rate prior to the injury, without exceeding it. A partial disability benefit shall be applied if appropriate, at the rate of 66/23% difference between the pre-disability rate and the modified duty rate.

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(f) The pre-injury rate of pay shall not be exceeded during the modified duty assignment.

(g) The District of Columbia government shall attempt to place injured employees within their pre-injury agency, or within another agency when modified work assignments are not available within the pre-injury agency.

(h) Employees shall have the appropriate medical release from their treating physician to perform modified duty. The essential job functions of the modified work assignment shall be clearly described. The medical release shall include any specified restrictions and their anticipated duration.

(i) Employees with disabilities who are offered a modified duty assignment and elect not to accept the modified duty assignment shall forfeit any further disability compensation benefits.

(j) The employee shall be given written notice of the available temporary modified duty assignment.


(Mar. 3, 1979, D.C. Law 2-139, § 2347; as added Oct. 3, 2001, D.C. Law 14-28, § 1203(j), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 5, 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(17), 57 DCR 6242.)

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted “employees with temporary or partial disabilities” for “temporarily or partially disabled employees”; and in subsec. (i), substituted “Employees with disabilities” for “Disabled employees”.

D.C. Law 18-223, in subsec. (c), substituted “180 days (assigned in 90-day increments) in any 12-month period” for “90 calendar days”; and added subsec. (j).

Cross References

Merit system, effective date provisions, see § 1-636.02.

Emergency Legislation

For temporary (90 day) addition of section, see § 1103(j) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(17) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).