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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 7-144. LIMITATION ON BENEFITS
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144.1 Beginning on September 24, 2011, payment for workers’ compensation benefits for any one injury causing temporary total or temporary partial disability shall not continue for more than a total of five hundred (500) weeks.
144.2If a claimant is receiving temporary total disability or temporary partial disability benefits payments on September 24, 2011, he or she may not receive benefits for more than a total of five hundred (500) weeks under this section, with the counting of the five hundred (500) weeks starting on September 24, 2011.
144.3When terminating a claimant’s benefits pursuant to this section, the Program shall send the claimant a notice of determination that advises the claimant of his or her right to reconsideration or a hearing pursuant to § 128.
144.4A claimant who has received temporary total disability or temporary partial disability payments for at least four hundred forty-eight (448) weeks after September 24, 2011, may, at any time prior to sixty (60) days before the five hundredth (500th) week of benefits, request that his or her disability be deemed a permanent injury pursuant to section 2306(a) of the Act. The request shall be made in writing and shall include supporting documentation, including medical evidence of the permanency of his or her disability.
144.5The Program shall make a finding of facts and determine whether the claimant’s disability is permanent within sixty (60) days of the Program’s receipt of the claimant’s request.
144.6The claimant shall provide all information or documentation the Program requests when making its determination, including earnings and medical information or documentation, and shall participate in any physical examinations required by the Program.
144.7A claimant not satisfied with a decision of the Program under § 144.5 may request a hearing within thirty (30) days of the date of the Program’s decision.
144.8 The hearing shall be conducted pursuant to the provisions of section 2324(b) of the Act. The ALJ shall make a decision within thirty (30) days after the date of the hearing, and shall notify the claimant, the Office of the Attorney General, and the Program in writing of his or her decision, any permanent disability award that he or she may make, and the basis of the decision.
144.9If the ALJ finds that the claimant is permanently disabled, the Program shall commence payment of permanent disability payments within thirty (30) days of the order of the ALJ.
144.10The Program may appeal a decision of an ALJ under this section, pursuant to section 2328 of the Act.
144.11The limitation of benefits authorized by this section shall not apply to any claimant whose date of hire by the District of Columbia government was before January 1, 1980.