Section 26-A1808. AWARD COMPENSATION

 

1808.1To compute wage loss of a victim, the following steps shall be taken:

 

(a)If the victim was employed, the computation shall be as follows:

 

(1)Determine the net weekly income of the victim for the twelve (12) months immediately preceding the accident;

 

(2)Determine the number of weeks of lost earnings as verified by the employer and the physician of the victim; earnings lost for court attendance, physical therapy, medical or remedial care, or other services reasonably necessary may be included; and

 

(3)Multiply the net weekly income by the number of weeks of lost earnings up to a maximum of $ 24,000; or

 

(b)If the victim was self-employed the computation shall be as follows:

 

(1)Determine the net annual profit, excluding bad debt entries, for the calendar year immediately preceding the year of the accident on which the claim is based;

 

(2)Subtract from the net annual profit the victim's liabilities for social security tax, city income tax, and local wage taxes to determine the net adjusted profit for the calendar year immediately preceding the year of the accident;

 

(3)Divide the net adjusted profit by fifty-two (52) to establish the net amount of earnings lost per week;

 

(4)Determine the number of weeks during which the victim was unable to attend to the affairs of business as verified by the attending physician; earnings lost for court attendance physical therapy, medical or remedial care, or other services reasonably necessary may be included; and

 

(5)Multiply the net weekly income by the number of weeks of lost earnings up to a maximum of twenty-four thousand dollars ($ 24,000).

 

1808.2The award shall be paid in a lump sum except as provided in § 1808.4 and § 1808.5 of this chapter.

 

1808.3Direct payments may be made to providers of medical care of other services.

 

1808.4Installment payments may be made to compensate for continuing medical services and support and services where protracted disability has occurred. Payments shall be made up to the maximum for each type of expense or loss as provided in the Act.

 

1808.5Each award paid in installments shall be reviewed annually to verify dependency or medical need.

 

source

Final Rulemaking published at 35 DCR 7649(October 21, 1988).