D.C. Mun. Regs. tit. 7, r. 7-109

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 7-109 - COP, EMPLOYING AGENCY'S RESPONSIBILITIES

109.1

After the employing agency learns of a work injury sustained by an employee, it shall:

(a) Refer the employee to ORM's Pub lic Sector Workers' Compensation website;

(b) Advise the employee of the right to receive COP for any period of disability;

(c) Review and respond to the employee's claim for COP by completing the COP determination section of the Program's online form and uploading all relevant documents, forms, and pertinent information (including the basis for any controversion) to the Program online portal within three (3) business days after receiving a request for additional information through a grant access link or the employee's completed Form 1, Form 3, Form 3A, Form 4, and Form IRS 4506-T from the employee; and

(d) If controverting employee's claim for COP, inform the employee of the basis for doing so.

109.2

An employing agency that learns of a recurrent disability arising out an injury for which a claim for COP has already been accepted shall place the employee on COP status if:

(a) The employee has any time remaining from the last time the employee was on COP status for the same injury;

(b) No claim for wage- loss compensation has been accepted by the Program; and

(c) The employee submits evidence in support of the recurrence of disability and its causal relation to the original work injury.

109.3

An employing agency's failure to provide an employee with the requisite forms as outlined in § 109.1 shall not be prima facie evidence of good cause for a delay in submitting a claim for compensation under Section 2321 of the Act.

D.C. Mun. Regs. tit. 7, r. 7-109

Notice of Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 12224, 12230 (December 24, 2010); repealed and replaced by Final Rulemaking published at 59 DCR 8766, 8773 (July 27, 2012); amended by Final Rulemaking published at 64 DCR 6325 (7/7/2017); amended by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