§ 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.