Current through Register Vol. 71, No. 24, June 14, 2024
Rule 7-104 - NOTICE OF INJURY; EMPLOYEE OR REPRESENTATIVE ACTION104.1 Notice of an employee's injury or death shall be given in accordance with Section 2319 of the Act (D.C. Official Code § 1-623.19 ) or § 104.6 of this chapter. Notice of recurrence of disability or medical condition shall be given in the same manner as a notice of injury.
104.2 The notice required by § 104.1 of this chapter shall be deemed given upon:
(a) Electronic submission of a workers' compensation incident report through the Program's online portal, as designated on the Office of Risk Management's website, or the filing of Form 1 in hard copy with the Program or employee'simmediate supervisor; and(b) The Program or employee'simmediate supervisor's receipt of the following completed documents: (1) Form 4 - Employee Authorization for Release of Medical Records; and(2) IRS Form 4506-T - Request for Transcript of Tax Return.104.3 The workers' compensation incident report and Form 1 shall:
(b) Be signed by the individual giving notice; and(c) Contain the email and physical mailing address of the individual giving otice.104.4(a) When notice is given in accordance with § 104.1 of this chapter, the person giving notice shall designate an email address(es) to receive notices and correspondence from the Program. The person giving notice shall be responsible for checking the designated email account for notices and correspondence from the Program. Anyone who cannot comply with this provision may apply to the Program for a waiver. A waiver shall be granted, where good cause is established.(b) While the Program may mail notices or correspondence to the designated physical mailing address, any notice or correspondence sent to the designated email address, unless returned, shall be presumed received and the date of issuance shall be used to calculate any deadlines that arise from the notice or correspondence issued.104.5 "Actual knowledge" under Section 2319(b)(1) of the Act means, within thirty (30) days of the injury, that:
(a) The employing agency prepared a written report in the regular course of duty that met the requirements of Sections 2319(a)(5), 2319(a)(6) and 2319(b)(1) of the Act; or(b) The Program is in possession of a written report by the employing agency prepared in the regular course of duty, that meets the requirements of 2319(a)(5), 2319(a)(6), and 2319(b)(1) of the Act.104.6 An exception for providing timely adequate notice under Section 2319(b)(2) of the Act (D.C. Official Code § 1-623.19(b)(2) ) may be granted only where the Chief Risk Officer or his or her designee finds a satisfactory reason as to why adequate notice could not be given in a timely manner.
104.7 Notice of aggravated injury shall be provided pursuant to §§ 104.1 through 104.6 of this chapter within thirty (30) days from the discrete event or occurrence that aggravated, worsened or exacerbated the employee's pre-existing disease, illness or condition.
104.8 Notice of recurrence of disability shall be provided pursuant to §§ 104.1 through 104.6 of this chapter within thirty (30) days from the date of recurrence of disability.
104.9 Notice of latent disability shall be provided pursuant to §§ 104.1 through 104.6 of this chapter within thirty (30) days of the earlier of:
(a) The date on which the employee first sought medical attention for the employee's condition and was aware or, by the exercise of reasonable diligence should have been aware, of the causal relationship between the claimant's condition and employment, whether or not the employee ceased work; or(b) The date on which the employee became disabled and was aware or, by the exercise of reasonable diligence should have been aware, of the causal relationship between the claimant's disability and employment. Notice of Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Notice of Final Rulemaking published at 29 DCR 5196 (November 26, 1982); as amended by Notice of Final Rulemaking published at 47 DCR 7484 (September 15, 2000); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by a Notice of Final Rulemaking published at 57 DCR 12224, 12225 (December 24, 2010); repealed and replaced by Final Rulemaking published at 59 DCR 8766, 8768 (July 27, 2012); amended by Final Rulemaking published at 64 DCR 6325 (7/7/2017); amended by Final Rulemaking published at 66 DCR 4246 (4/5/2019)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