D.C. Mun. Regs. r. 7-207

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 7-207 - CLAIMS APPLICATION
207.1

In accordance with § 15 of the Act [§ 36 -314, D.C. Code, 1981 ed.], all claims shall be made by injured employees or their beneficiaries in writing within one (1) year of the injury or death, except as hereafter provided.

207.2

A claim may be made within one (1) year after the date of the last payment if voluntary payments have been made.

207.3

A claim may be made within one (1) year after the employee or beneficiary is aware of the relationship between the injury or death and the employment.

207.4

A claim may be made within one (1) year from the end of a suit to recover damages where recovery is denied because the Act provides the exclusive remedy for the injury.

207.5

In accordance with § 15(b) of the Act [§ 36 -314(b), D.C. Code, 1981 ed.], the failure of an employee or beneficiary to file a claim within one (1) year after the injury or death shall not bar a claim unless objection to the failure is made at any time during the formal hearing on the claim as defined in § 299 of this chapter.

207.6

In accordance with § 15(c) of the Act [§ 36 -314(c), D.C. Code, 1981 ed.], a claim may be made on behalf of a person who is mentally incompetent within one (1) year from the date of appointment of a guardian or authorized representative.

207.7

A claim may be made by a minor within one (1) year from the date of majority or on behalf of a minor by his or her guardian or authorized representative within one (1) year from appointment.

207.8

In accordance with § 33(f) of the Act [§ 36 -332(f), D.C. Code, 1981 ed.] a claim may be made within one (1) year from the date the employer's Report of Injury is filed with the Office.

207.9

Upon receipt of a Claims Application, the Office shall issue a written notice to all interested parties in accordance with § 21(b) of the Act [§ 36 -320(b), D.C. Code, 1981 ed.].

D.C. Mun. Regs. r. 7-207

Notice of Final Rulemaking published at 41 DCR 3213 (June 3, 1994)