§ 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).