To amend the District of Columbia Workers’ Compensation Act of 1979 to require that court costs and attorneys’ fees be proportionally shared between the injured employee, or the employee’s eligible survivors or legal representative, and the employer relative to the amount each received in a settlement against a third person.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Workers’ Compensation Benefits Lien Reduction Amendment Act of 2016".
Amend § 32-1535
Sec. 2. Section 3 of the District of Columbia Workers’ Compensation Act of 1979, effective July 1, 1980 (D.C. Law 3-77; D.C. Official Code § 32-1535), is amended as follows:
(a) Subsection (f) is amended by striking the word "ascribed" and inserting the word "described" in its place.
(b) A new subsection (f-1) is added to read as follows:
"(f-1) If the person entitled to compensation institutes proceedings within the period described in subsection (b) of this section and recovers an amount against a third person, the costs of litigation and attorneys’ fees shall be proportionally shared between the person entitled to compensation, or the employee’s eligible survivors or legal representative, and the employer relative to the amount each received in the settlement against the third person.".
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1)) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1 206.02(c)(1)), and publication in the District of Columbia Register.