Section 7-136. VOLUNTARY SETTLEMENTS

 

136.1Pursuant to section 2335 of the Act, a claimant and the Chief Risk Officer or his or her designee may enter into a voluntary lump-sum settlement to be a complete and final disposition of the claimant's claim or case. 

 

136.2The settlement may terminate the Program’s obligation to pay the claimant any workers’ compensation benefits, including indemnity payments and medical or other services.  When terminating medical services, the Program shall comply with all relevant District and federal requirements, including any requirements under the federal Medicare program.

 

136.3All settlement agreements shall be in writing and shall be signed by the claimant and the Mayor or his or her designee. If the claimant is represented by an attorney, the attorney shall also sign the settlement agreement. Further, the attorney also shall certify that the terms and conditions of the settlement, particularly including its finality, have been explained to and discussed with the claimant.

 

136.4Pursuant to the provisions of section 2316(d) of the Act, claimants and the Mayor or his or her designee may enter into voluntary settlements which do not preclude the receipt of retirement benefits generally payable for District service under the federal civil service retirement system.

 

136.5The United States Life Tables developed by the United States Department of Health and Human Services shall be utilized in determining the probability of the death of any claimant in reaching a voluntary lump-sum settlement agreement; however, the lump-sum payment to a surviving spouse or domestic partner of a deceased employee shall not exceed sixty (60) months of compensation which the spouse or domestic partner would have otherwise received.

 

136.6A voluntary lump-sum settlement may provide for periodic or installment payments of the settlement sum if agreed to by the claimant and the Mayor or his or her designee.

 

136.7Any voluntary lump-sum settlement entered into by the claimant and the Mayor or his or her designee may not be reviewed or modified pursuant to §§ 2324 or 2328 of the Act except in cases of fraud or misrepresentation by any party.

 

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 published at 59 DCR 8766, 8806 (July 27, 2012).