Section 7-207. CLAIMS APPLICATION

 

207.1In accordance with §15 of the Act [§36-314, D.C. Code, 1981 ed.], all claims shall be made by injured employees or their beneficiaries in writing within one (1) year of the injury or death, except as hereafter provided.

 

207.2A claim may be made within one (1) year after the date of the last payment if voluntary payments have been made.

 

207.3A claim may be made within one (1) year after the employee or beneficiary is aware of the relationship between the injury or death and the employment.

 

207.4A claim may be made within one (1) year from the end of a suit to recover damages where recovery is denied because the Act provides the exclusive remedy for the injury.

 

207.5In accordance with §15(b) of the Act [§36-314(b), D.C. Code, 1981 ed.], the failure of an employee or beneficiary to file a claim within one (1) year after the injury or death shall not bar a claim unless objection to the failure is made at any time during the formal hearing on the claim as defined in §299 of this chapter.

 

207.6In accordance with §15(c) of the Act [§36-314(c), D.C. Code, 1981 ed.], a claim may be made on behalf of a person who is mentally incompetent within one (1) year from the date of appointment of a guardian or authorized representative.

 

207.7A claim may be made by a minor within one (1) year from the date of majority or on behalf of a minor by his or her guardian or authorized representative within one (1) year from appointment.

 

207.8In accordance with §33(f) of the Act [§36-332(f), D.C. Code, 1981 ed.] a claim may be made within one (1) year from the date the employer's Report of Injury is filed with the Office.

 

207.9Upon receipt of a Claims Application, the Office shall issue a written notice to all interested parties in accordance with §21(b) of the Act [§36-320(b), D.C. Code, 1981 ed.].

 

source

Notice of Final Rulemaking published at 41 DCR 3213 (June 3, 1994).