(a) Except as provided in subsection (b) of this section, for any one injury causing temporary total or temporary partial disability, the payment for disability benefits shall not continue for more than a total of 500 weeks; provided, that within the last 52 weeks, the claimant shall be entitled to a hearing before an Office of Administrative Hearings judge for purposes of determining whether the claimant has a permanent disability. The hearing shall be conducted pursuant to the provisions of § 1-623.24(b). Within 30 days after the hearing, the Mayor shall notify the claimant, the Attorney General, and the Office of Personnel in writing of his or her decision and any permanent disability award that he or she may make and the basis of the decision.
(b) Subsection (a) of this section shall not apply to any employee whose date of hire was before January 1, 1980.
(c) Subsection (a) shall apply one year after September 24, 2010.
(Mar. 3, 1979, D.C. Law 2-139, § 2306a; as added Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(7), 57 DCR 6242.)
Section ReferencesThis section is referenced in § 1-623.05 and § 1-623.06.
Emergency LegislationFor temporary (90 day) addition of section, see § 1062(b)(7) 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) addition of section, see § 2(b) 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).
Temporary LegislationSection 2(b) of D.C. Law 19-69 added a section to read as follows:
“Sec. 2306b. Earnings affidavit.
“(a) The Mayor shall require each employee receiving benefits under this title to report his or her earnings from employment or self-employment, by affidavit or otherwise, including by providing copies of tax documents or authorization for the Mayor to obtain copies of tax documents, in the manner and at the times the Mayor specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his or her earnings in employment or self-employment and which can be estimated in money.
“(b) An employee forfeits his or her right to compensation with respect to any period for which the affidavit or report was required if the employee:
“(1) Fails to file a complete affidavit or report when required; or
“(2) Knowingly omits or understates any part of his or her earnings.
“(c) Compensation forfeited under this section, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 2329 unless recovery is waived under that section.”.
Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.