Section 7-119. TIME FOR MAKING A CLAIM  


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    119.1 In order to be eligible to receive benefits pursuant to this chapter, an employee or an employee’s representative must file an initial claim for benefits within two (2) years after the date of the injury or death.

     

    119.2The Program shall not accept any claim for benefits that is filed later than two (2) years after the date of the injury or death unless:

     

    (a) The official superior had actual knowledge of the injury or death within thirty (30) days of the injury or death; or

     

    (b) The employee suffered a latent injury and did not become aware of the causal relationship between the injury and his or her employment until after a period of time following the injury.  In this circumstance, the employee must file a claim within two (2) years after the employee became aware, or should have become aware after exercise of reasonable diligence, of the causal relationship between the injury and his or her employment.

     

    119.3The time limitation of this section does not begin to run against:

     

    (a) A minor until the minor reaches twenty-one (21) years of age or has a legal representative appointed;

     

    (b) An individual adjudged incompetent until a legal representative is appointed; and

     

    (c) An employee whose exceptional circumstances, as determined at the discretion of the Chief Risk Officer, justify the filing of a claim.

     

    119.4In the event an injury results in death, a workers’ compensation claim that was timely filed for the initial injury satisfies the notice requirements for the death claim. 

     

authority

Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor’s Order 2004-198, effective December 14, 2004

source

Final Rulemaking at 43 DCR 1466(March 22, 1996); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12224, 12232 (December 24, 2010); repealed and replaced by Final Rulemaking published at 59 DCR 8766, 8785 (July 27, 2012).