Current through Register Vol. 71, No. 24, June 14, 2024
Rule 7-138 - REPORT OF EARNINGS138.1 If a claimant is subject to forfeiture of his or her right to workers' compensation pursuant to Section 2306 b(b) of the Act (D.C. Official Code § 1-623.06 b(b)), such forfeiture shall commence on the earlier of:
(a) The thirty- first (31st ) day after the date on which the report of earnings was requested; or(b) The date the Program receives a report of earnings in which the claimant knowingly omitted or understated any part of his or her earnings.138.2 Forfeiture under this section shall continue until a complete report is received by the Program.
138.3 A complete report of earnings shall include:
(a) An accurate statement of all earnings for the period requested;(b) A signed and notarized affidavit on a form provided by the Program;(c) Copies of tax returns, if filed; and(d) A signed authorization authorizing the Program to obtain copies of tax documents.138.4 After ninety (90) consecutive days of forfeiture as provided in §§ 138.1 and 138.2, claimant shall be terminated from the Program with at least thirty (30) day notice. The claimant may be reinstated at the discretion of the Program only where the claimant establishes that his or her failure to act was the result of good cause.
138.5Claimant's failure to timely file a report of earning may be excused, where good cause for the delay is found pursuant to § 147.
138.6 For the purposes of Section 2306b(b) of the Act (D.C. Official Code § 1-623.06 b(b)), the phrase, "period for which the report of earnings was required" means the earning(s) period identified in the Program's request.
Final Rulemaking published at 59 DCR 8766, 8808 (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); amended by Final Rulemaking published at 67 DCR 7481 (6/12/2020)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