District of Columbia Administrative Code

1887 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1888 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1889 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1890 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1891 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1892 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1893 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1894 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1895 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1896 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1897 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1898 Reserved SOURCE: Notice of Final Rulemaking published at 47 DCR 9902 (December 15, 2000).

1899 DEFINITIONS 1899.1 Terms and phrases used in this chapter shall have the meaning set forth in the Reform Act, the Legal Service Act, and as set forth below unless the text or context of the particular section, subsection, or paragraph provides otherwise. Classification - sha…

1900 PURPOSE AND GOVERNANCE 1900.1 In accordance with Section 121(a) of the District of Columbia Retirement Reform Act, as amended, Public Law 96-122 (codified at D.C. Official Code § 1-711(a) (2011 Repl.)), the District of Columbia Retirement Board (Board) has exclusive authorit…

1901 PLAN ASSETS 1901.1 Individuals who exercise any discretionary authority or discretionary control regarding the management or disposition of plan assets or who provide investment advice for a fee (direct or indirect) with respect to plan assets may be deemed to be fiduciaries…

200 GENERAL PROVISIONS 200.1 The provisions of this chapter are promulgated to implement the District of Columbia Workers' Compensation Act of 1979, as amended, (D.C. Law 3-77, effective July 1, 1980; §36-301 et seq. D.C. Code, 1981 ed.). 200.2 The Mayor is authorized under §3(a)…

201 APPLICABILITY 201.1 The Act is applicable to injuries which occur on or after July 26, 1982 to employees of employers whose employment is principally localized in the District of Columbia in accordance with §4(a) of the Act (§36-303(a), D.C. Code, 1981 ed.). 201.2 The amendme…

202 FORMS 202.1 Any notices, claims, reports, requests, applications, or certificates that the Act or this chapter requires to be made shall be on forms prescribed by the Office or in a manner prescribed by the Office; except that, the Office may excuse the failure to use a presc…

203 EMPLOYER'S REPORT OF INJURY 203.1 All employers shall give a written report of every employee's injury or death to the Office within ten (10) working days of the injury or death within ten (10) working days from the date that the employer has knowledge of an occupational dise…

204 EMPLOYER RECORDS OF INJURIES 204.1 Under §32 of the Act [§36-331, D.C. Code, 1981 ed.], each employer shall maintain a record of all injuries to its employees. 204.2 Employer records of injuries shall be available for inspection by a representative of the Office during an emp…

205 NOTICE OF RIGHTS AND OBLIGATIONS/ASSISTANCE 205.1 The employer shall send to the employee, or to the employee's next of kin, by certified mail, return receipt requested, a statement of the employee's rights and obligations pursuant to the Act, including the right to file a cl…

206 EMPLOYEE'S NOTICE OF INJURY 206.1 Under §14 of the Act [§36-313, D.C. Code, 1981 ed.], written Notice of Injury shall be given to the Office and the employer by an employee or beneficiary within thirty (30) days of the injury or within thirty (30) days of awareness of the rel…

207 CLAIMS APPLICATION 207.1 In accordance with §15 of the Act [§36-314, D.C. Code, 1981 ed.], all claims shall be made by injured employees or their beneficiaries in writing within one (1) year of the injury or death, except as hereafter provided. 207.2 A claim may be made withi…

208 OFFICIAL RECORD 208.1 The Office shall maintain an official record of each claim. 208.2 The official record shall include all correspondence, all medical records and all investigative reports relating to the claim. 208.3 The official record shall contain all notices required …

209 VOLUNTARY PAYMENT OF COMPENSATION 209.1 Under §16(a) of the Act [§36-315(a), D.C. Code, 1981 ed.], compensation shall be paid directly to an employee or beneficiary by the insurer on behalf of the employer without an award unless the employer controverts in writing, on a form…

210 CONTROVERTED CLAIMS 210.1 Under §16(d) of the Act [§36-315(d), D.C. Code, 1981 ed.], an employer may controvert liability to pay benefits in accordance with §§9 and 10 of the Act [§36-308 and 36-309, D.C. Code, 1981 ed.]. 210.2 If the right to compensation is disputed, an emp…

211 INVESTIGATION OF CLAIMS 211.1 Under §21(c) of the Act [§36-320(c), D.C. Code, 1981 ed.], the Office shall conduct the investigation of claims as is necessary to determine all questions concerning a claim including, but not limited to, the following: (a) The fact and degree of…

212 MEDICAL SERVICES AND SUPPLIES 212.1 Under §8(a) of the Act [§36-307(a), D.C. Code 1981], the employer of an injured employee shall furnish medical services and supplies for that period of time as the nature of the injury or the process of recovery may require. 212.2 Under §8(…

213 RESERVED SOURCE: Final Rulemaking published at 41 DCR 3213 (June 3, 1994).

214 INSURANCE COVERAGE 214.1 The provisions of this section set forth the policies and procedures which apply to the administration and enforcement of the coverage provisions of the Act. 214.2 Under §35 of the Act [§36-334, D.C. Code, 1981 ed.], all employers subject to the Act s…

215 EVIDENCE OF COVERAGE 215.1 Carriers shall provide the Office with evidence of coverage by filing a completed Notice of Workers' Compensation Coverage as soon as possible after completion of arrangements to provide coverage, but no later than ten (10) working days after date o…

216 TERMINATION OF COVERAGE 216.1 Termination of coverage shall be accomplished in the manner provided by §39(b) of the Act [§36-338(b), D.C. Code, 1981 ed.] and this section. 216.2 Carriers shall notify the Office whenever they intend to cease providing coverage to an employer o…

217 SELF-INSURANCE 217.1 An employer who desires to be a self-insurer may apply for authorization in accordance with this section and in the manner prescribed by the Office. 217.2 Under §35(a)(2) of the Act [§36-334(a)(2), D.C. Code, 1981 ed.], any employer who desires to be a se…

218 TRANSITIONAL COVERAGE 218.1 Employers who received authorization from the U.S. Department of Labor to act as self-insurers under similar provisions of prior law shall be deemed to be self-insurers under this Act without a new application for that status if the employer files …

219 INFORMAL PROCEDURES 219.1 Informal procedures may be utilized by the Office to resolve in a manner acceptable to all interested parties any matter in dispute regarding a claim. 219.2 Informal procedures may include informal conferences or informal conferences with mediation s…

220 HEARINGS ON CLAIMS 220.1 An original application for formal hearing shall be in writing, signed by the moving party, and filed with the Hearings and Adjudication Section. A copy of the application shall also be filed with the Office of Workers' Compensation, and served on all…

221 HEARING OR ATTORNEY EXAMINERS 221.1 All formal hearings on claims shall be conducted by a Hearing or Attorney Examiner designated by the Hearing and Adjudication Section. 221.2 A Hearing or Attorney Examiner shall be an attorney admitted to the bar of the District of Columbia…

222 PRE-HEARING PROCEDURES 222.1 The Hearing and Adjudication Section shall furnish interested parties or their representatives with a copy of a Joint Pre-Hearing Statement Form. Unless otherwise ordered by the Hearing Examiner or Attorney, the party applying for the formal heari…

223 CONDUCT OF FORMAL HEARINGS 223.1 Unless excused prior to the hearing, all formal hearings shall be attended by the interested parties and their representatives and any other persons as the Hearing or Attorney Examiner deems necessary and proper. 223.2 If the party requesting …

224 ATTORNEY FEES 224.1 In accordance with §31 of the Act [§36-330, D.C. Code, 1981 ed.], this section shall govern the award of attorney fees in all proceedings under the Act. 224.2 In determining whether to award attorney fees and the amount, if any, to be awarded, the followin…

225 COMPENSATION ORDERS ISSUED WITHOUT A FORMAL HEARING 225.1 The Director shall provide for review of a compensation order issued by the Office without a hearing in the manner set forth in §230 of this chapter. 225.2 All interested parties shall be notified of the decision of th…

226 SETTLEMENTS 226.1 The Office may approve lump sum settlements agreed to by the interested parties if it is in the best interest of the injured employee entitled to the benefit in accordance with §9(h) of the Act [§36-308(f), D.C. Code, 1981 ed.]. 226.2 In determining what is …

227 OCCUPATIONAL DISEASE 227.1 In accordance with §11 of the Act [§36-310, D.C. Code, 1981 ed.] and §2(1) of the Act [§36-301(12), D.C. Code, 1981 ed.], the employer with the last known exposure shall be liable to pay compensation for occupational disease. 227.2 The employer shal…

228 SERVING, FILING AND POSTING 228.1 Service by the Office or the Hearings and Adjudication Section of a document or notice shall be accomplished by the following: (a) Hand deliver the document to each interested party and secure the signature of the recipient; or (b) Mail the d…

229 VOCATIONAL REHABILITATION 229.1 Under §8(e) of the Act [§36-307(a), D.C. Code, 1981 ed.], vocational rehabilitation services shall be provided by employers to injured workers who require such services. 229.2 Employers shall file vocational rehabilitation plans with the Associ…

231 SPECIAL FUND 231.1 The Associate Director for the Office of Workers' Compensation, or his or her designee, shall be the custodian of the Special Fund and, in administering the provisions of §41 of the Act [§36-340, D.C. Code, 1981 ed.], shall observe the customary duties and …

232 UTILIZATION REVIEW 232.1 Any medical care or service furnished or scheduled to be furnished under the Act shall be subject to utilization review. The review may be performed before, during or after the medical care or service is provided. 232.2 A utilization review organizati…

233 ADMINISTRATION FUND 233.1 The provisions of this section set forth the policies and procedures which apply to the Administration Fund in accordance with Section 42 of the Act (D.C. Code §36-341). 233.2 The Mayor shall determine, for fiscal years commencing on or after October…

234 SAFE WORKPLACE PROGRAM 234.1 Where there is no duty to bargain collectively, an employer who elects to implement a Safe Workplace Program for the purpose of obtaining a workers' (a) the name and address of the employer and the employer's federal tax identification number; (b)…

250 COMPENSATION ORDER REVIEW BOARD; ADMINISTRATIVE AND JUDICIAL REVIEW 250.1 Sections 250 to 260 describe the establishment and organizational structure of the Compensation Order Review Board (Board), section 261 sets forth general rules applicable to the operation of the Board,…