Partial disability

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(a) If the disability is partial, subject to limitations in § 1-623.06a, the District government shall pay the employee during the disability monthly monetary compensation equal to 66 2/3 percent of the difference between his or her monthly pay and his or her monthly wage-earning capacity after the beginning of the partial disability. This shall be known as his or her basic compensation for partial disability.

(b) Repealed.

(c) An employee with a partial disability who:

(1) Refuses to seek suitable work; or

(2) Refuses or neglects to work after suitable work is offered to, procured by, or secured for him or her is not entitled to compensation and such payment shall be suspended.

(Mar. 3, 1979, D.C. Law 2-139, § 2306, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(p), 27 DCR 2632; Oct. 3, 2001, D.C. Law 14-28, § 1203(d), 48 DCR 6981; Apr. 24, 2007, D.C. Law 16-305, § 3(h), 53 DCR 6198; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(6), 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 1032(a), 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 1022(b)(1), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-624.6.

1973 Ed., § 1-353.6.

Section References

This section is referenced in § 1-623.04, § 1-623.07, and § 1-623.10.

Effect of Amendments

D.C. Law 14-28, in subsec. (b), substituted “shall require each employee” for “may require a partially disabled employee”.

D.C. Law 16-305, in subsec. (c), substituted “An employee with a partial disability” for “A partially disabled employee”.

D.C. Law 18-223, in subsec. (a), substituted “, subject to the limitations in § 1-623.06a, the District government” for “the District of Columbia government”.

The 2012 amendment by D.C. Law 19-168 rewrote (b).

The 2015 amendment by D.C. Law 20-155 repealed (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1103(d) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 1062(b)(6) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2(a) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 1022(b)( 1) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1022(b)( 1) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1022(b)( 1) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

Section 2(a) of D.C. Law 19-69 repealed subsec. (b).

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.


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