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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 7. EMPLOYMENT BENEFITS |
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Chapter 7-1. [DELETED] |
Section 7-114. COMPUTATION OF INDEMNITY PAYMENTS
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114.1If a claim is accepted by the Program and the Program decides that the employee is eligible for indemnity compensation, the employee’s indemnity payments shall be calculated under this section, except compensation for death benefits shall be calculated pursuant to § 122 of this chapter.
114.2The employee shall provide the Program with a copy of the employee’s most recent pay stub(s), as requested by the Program, in order for indemnity payments to be determined under this section.
114.3To determine TTD indemnity payments, the Program shall review the pay stub and make the following calculations, in the following order:
(a) Determine the employee’s unadjusted average weekly wage by dividing the employee’s gross annual salary by fifty-two (52) weeks:
(1) If the Program determines that the employee’s annual rate of pay is not paid at a fixed rate, the Program shall determine the average annual earnings by multiplying the employee’s daily wage, or the average thereof if the daily wage has fluctuated, by:
(A) Three hundred (300), if the employee is employed on the basis of a six (6) day work week;
(B) Two hundred eighty (280), if the employee is employed on the basis of a five and one half (5 ½) day work week; or
(C) Two hundred sixty (260), if the employee is employed on the basis of a five (5) day work week;
(2) If the Program determines that the employee regularly receives overtime pay, premium pay for hazardous service, or additional pay because of working at night or in any other special circumstance, and failure to include any of these payments in the calculation of the unadjusted average weekly wage would result in an unadjusted average weekly wage that does not reasonably or fairly represent the annual earning capacity of the employee, the Program may use a sum that incorporates these payments and that reasonably and fairly represents the annual earning capacity of the employee, for the purpose of determining the employee’s unadjusted average weekly wage. The term “regularly” as used in this subparagraph means that the employee received the additional payments during the 12 (twelve) consecutive months immediately preceding the injury, including the month that includes the date of injury.
(3) Annual earnings calculated pursuant to this sub-paragraph may not be less than one hundred-fifty (150) times the average daily wage the employee earned during the days employed within one (1) year preceding his or her injury.
(b)If the employee was hired by the District government on or after January 1, 1980, determine the employee’s adjusted average weekly wage by multiplying the unadjusted average weekly wage by sixty-six and two-thirds percent (66 2/3%); or
(c)If the employee was hired by the District government before January 1, 1980, determine the employee’s adjusted average weekly wage by multiplying the unadjusted average weekly wage by sixty-six and two-thirds percent (66 2/3%), or by seventy-five percent (75%) if the employee is entitled to augmented pay pursuant to section 2310 of the Act;
(d) Determine the employee’s unadjusted bi-weekly compensation rate by multiplying the adjusted average weekly wage by two (2);
(e)Determine the employee’s adjusted bi-weekly compensation rate by deducting the total sum of the employee’s benefits premiums as determined pursuant to § 113 from the unadjusted bi-weekly compensation rate. The remaining rate will be the employee’s bi-weekly indemnity payment; or
(f)If the employee does not have any benefit premiums to deduct from his or her payments under § 113, the unadjusted bi-weekly compensation rate will constitute the employee’s bi-weekly indemnity payments.
114.4To determine temporary partial disability (TPD) indemnity payments, the Program shall review the employee’s pay stub(s) and:
(a) Determine the employee’s unadjusted average weekly wage by following the process described in § 114.3(a);
(b) If the employee was hired by the District government on or after January 1, 1980, determine the employee’s adjusted average weekly wage by multiplying the difference between his or her unadjusted average weekly wage and his or her monthly earning capacity by sixty-six and two-thirds percent (66 2/3%); or
(c) If the employee was hired by the District government before January 1, 1980, determine the employee’s adjusted average weekly wage by multiplying the difference between his or her unadjusted average weekly wage and his or her monthly earning capacity by sixty-six and two-thirds percent (66 2/3%) or seventy-five percent (75%) if the employee is entitled to augmented pay pursuant to section 2310 of the Act;
(d) Determine the employee’s unadjusted bi-weekly compensation rate by multiplying the adjusted average weekly wage by two (2); and
(e) Determine the employee’s adjusted bi-weekly compensation rate by deducting the total sum of the employee’s benefits premiums as determined pursuant to § 113 of this chapter from the unadjusted bi-weekly compensation rate. The remaining rate will be the employee’s bi-weekly indemnity payment; or
(f)If the employee does not have any benefit premiums to deduct from his or her payments under § 113 of this chapter, the unadjusted bi-weekly compensation rate will constitute the employee’s bi-weekly indemnity payments.
114.5The Program shall calculate the average annual earnings of an employee who served the District government without pay or with nominal pay by following the requirements of this section. If the average annual earnings cannot be determined reasonably and fairly under this section, the average annual earnings shall be determined using the reasonable value of the service performed by the employee, but the reasonable value shall not exceed three thousand six hundred dollars ($3,600) per year.
114.6Permanent total disability (PTD) indemnity compensation shall be calculated pursuant to § 114.3.