D.C. Mun. Regs. tit. 7, r. 7-226

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 7-226 - SETTLEMENTS

226.1

The Office may approve lump sum settlements agreed to by the interested parties if it is in the best interest of the injured employee entitled to the benefit in accordance with § 9(h) of the Act [§ 36 -308(f), D.C. Code, 1981 ed.].

226.2

In determining what is in the best interest of the injured employee, the Office shall consider all relevant factors including, but not limited to, the following:

(a) Whether there is a valid dispute regarding issues of compensability of a claim, extent of total or partial disability and other liability under the Act;

(b) The age and the educational level of the claimant in relationship to vocational evaluation and entitlement;

(c) Whether claimant has reached maximum improvement from medical treatment; and

(d) Whether and why claimant has refused to undergo surgery to improve a medical condition; Provided, that religious considerations shall be a valid reason to forego surgery.

226.3

Under § 9(h) of the Act [§ 36 -308(f), D.C. Code, 1981 ed.], payment of lump sum may be in the form of a structured settlement if it is determined by the Office that the form of payment would be in the best interest of the injured employee.

226.4

Structured settlements may be considered for approval; Provided, that the negotiated settlement reflects the amount of money required to be invested and is shown in addition to the annuity to be paid.

226.5

Application for approval of lump sum settlement shall be completed in full and forwarded to the Office for review.

226.6

If the Office disapproves a settlement, the Office shall prepare a written statement containing the basis for the disapproval and shall send copies of the statement to the parties by certified mail within 30 days.

226.7

The Director shall approve the settlement agreement entered into pursuant to this section where both parties are represented by legal counsel and the claimant is represented by an attorney eligible to receive fees pursuant to Section 31 of the Act (D.C. Code § 36-330).

D.C. Mun. Regs. tit. 7, r. 7-226

Notice of Final Rulemaking published at 41 DCR 3213 (June 3, 1994); as amended by Final Rulemaking published at 47 DCR 6454 (August 11, 2000)