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2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1502. Administration; annual report to Council

§ 32–1502. Administration; annual report to Council.
(a) The Mayor shall administer the provisions of this chapter, and shall make such rules and regulations, appoint and fix the compensation of such personnel, and make such expenditures as may be necessary. All expenditures of the Mayor in the administration of this chapter shall be allowed and paid as provided in § 32-1541 upon the presentation of itemized vouchers therefor approved by the Mayor.
(b) The Mayor shall report annually to the Council by February 1st of each year on the status, from the previous fiscal year, of the workers’ compensation program. The report shall include the following:
(1) The total number of cases, the total number of lost time cases, the number of medical only cases, the number of cases where no compensation was paid, the number of cases that are more than 500 weeks, the number of permanent partial disability scheduled cases, the number of permanent partial disability nonscheduled cases, the number of permanent total disability cases, the number of temporary total disability cases, the total number of lost time cases, the number of medical only cases, the number of cases in which claimant was represented by an attorney, cumulative total attorney fees paid, the number of cases controverted, the number of controverted cases decided in favor of employer and decided in favor of claimant, the growth in the assigned risk plan, the number of cases in and the future liability of the special fund; and
(2) The percentage of the total number of cases each year that are: more than 500 weeks; permanent partial disability; permanent partial disability nonscheduled; permanent total disability; and temporary total disability.
(July 1, 1980, D.C. Law 3-77, § 3, 27 DCR 2503; Apr. 16, 1999, D.C. Law 12-229, § 2(b), 46 DCR 891.)
Prior Codifications
1981 Ed., § 36-302.
Editor's Notes
Workers’ Compensation Equity Amendment Act Rulemaking Approval Resolution of 1995: Pursuant to Proposed Resolution 11-177, deemed approved October 11, 1995, Council approved proposed rules to implement the Workers’ Compensation Equity Amendment Act of 1990.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1504. Exclusiveness of liability and remedy

§ 32–1504. Exclusiveness of liability and remedy.
(a) The liability of an employer prescribed in § 32-1503 shall be exclusive and in place of all liability of such employer to the employee, his legal representative, spouse or domestic partner, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law on account of such injury or death.
(b) The compensation to which an employee is entitled under this chapter shall constitute the employee’s exclusive remedy against the employer, or any collective-bargaining agent of the employer’s employees and any employee, officer, director, or agent of such employer, insurer, or collective-bargaining agent (while acting within the scope of his employment) for any illness, injury, or death arising out of and in the course of his employment; provided, that if an employer fails to secure payment of compensation as required by this chapter, an injured employee, or his legal representative in case death results from the injury, may elect to claim compensation under this chapter, or to maintain an action at law for damages on account of such injury or death. In such action the defendant may not plead as a defense that injury was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory negligence of the employee.
(c) The furnishing of, or failure to furnish, insurance consultation services related to, in connection with or incidental to an applicable policy of insurance shall not subject the insurer, its agent or employees undertaking to perform such services to liability for damages from injury, death or loss occurring as a result of any act of omission in the course of such services.
(d) This section shall not apply:
(1) If the injury, loss or death occurred during the actual performance of consultation services and was caused by the active negligence of the carrier, its agent or employees which was the proximate cause of the injury, death or loss; or
(2) To any consultation services required to be performed under the provisions of a written service contract not incidental to an applicable policy of insurance.
(July 1, 1980, D.C. Law 3-77, § 5, 27 DCR 2503; Sept. 12, 2008, D.C. Law 17-231, § 31(b), 55 DCR 6758.)
Prior Codifications
1981 Ed., § 36-304.
Section References
This section is referenced in § 32-1535.
Effect of Amendments
D.C. Law 17-231, in subsec. (a), substituted “spouse or domestic partner,” for “husband or wife,”.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1506. Supplemental allowance

§ 32–1506. Supplemental allowance.
(a) When the average weekly wage has changed as provided for in § 32-1505, any person who has a total and permanent disability or any surviving spouse or domestic partner who is receiving payments for income benefits under this chapter in amounts per week less than the new maximum for total disability or death shall receive weekly from the carrier, without application, an additional supplemental allowance calculated by the Mayor in accordance with the provisions of subsections (b) and (c) of this section; provided, that such allowance shall not commence to accrue and be payable until the average weekly wage exceeds $396.78. The Mayor shall notify the carrier of the amount of such additional supplemental allowance.
(b) In any case where a person with a total disability, or surviving spouse or domestic partner is receiving the maximum weekly income benefit applicable at the time such award was made under this chapter, the supplemental allowance shall be an amount which, when added to such award, will equal the new maximum weekly benefit.
(c) In any case where a person with a total disability, or a surviving spouse or domestic partner is receiving less than the maximum weekly income benefit rate applicable at the time such award was made under this chapter, the supplemental allowance shall be an amount equal to the difference between the amount the claimant is presently receiving and a percentage of the new maximum determined by multiplying it by a fraction, the numerator of which is his present award and the denominator of which is the maximum weekly rate applicable at the time such award was made.
(d) No supplemental allowance referred to in subsections (b) and (c) of this section shall exceed 5% of the maximum weekly benefit received the preceding benefit year.
(July 1, 1980, D.C. Law 3-77, § 7, 27 DCR 2503; Apr. 24, 2007, D.C. Law 16-305, § 48(a), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 31(c), 55 DCR 6758.)
Prior Codifications
1981 Ed., § 36-306.
Effect of Amendments
D.C. Law 16-305, in subsec. (a), substituted “a total and permanent disability” for “been totally and continuously disabled”; and in subsecs. (b) and (c), substituted “person with a total disability” for “totally disabled person”.
D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower”.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1510. Occupational disease

§ 32–1510. Occupational disease.
In case of pneumoconiosis, such as silicosis and asbestosis, radiation diseases, and any other generally recognized occupational disease, liability for compensation rests with the employer of the last known exposure.
(July 1, 1980, D.C. Law 3-77, § 11, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-310.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1511. Determination of average weekly wage

§ 32–1511. Determination of average weekly wage.
(a) Except as otherwise provided in this chapter, the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows:
(1) If at the time of the injury the wages are fixed by the week, the amount so fixed shall be the average weekly wage;
(2) If at the time of the injury the wages are fixed by the month, the average weekly wage shall be the monthly wage so fixed multiplied by 12 and divided by 52;
(3) If at the time of the injury the wages are fixed by the year, the average weekly wage shall be the yearly wage so fixed divided by 52;
(4) If at the time of injury wages are fixed by the day, hour, or by the output of the employee, the average weekly wage shall be computed by dividing by 26 the total wages the employee earned in the employ of the employer in the 26 consecutive calendar weeks immediately preceding the injury. If the employee has been in the employ of the employer less than 26 weeks, the total wages referred to in paragraph (3) of this subsection shall be the amount the employee would have earned had the employee been employed by the employer for the full 26 calendar weeks immediately preceding the injury and had worked, when work was available to other employees, in a similar occupation; or
(5) If it be established that the employee, when injured, was a minor or a student as defined in § 32-1501(18) and that under normal conditions his wages should be expected to increase during the period of disability, whether such disability be temporary, partial, or permanent in character, the fact shall be considered in arriving at his average weekly wage.
(6) If the injured employee has not worked in this employment during substantially the whole of the period, the employee’s average weekly wage shall consist of 130 times the average daily wage or salary, divided by 26 weeks, which an employee of the same class working substantially the whole of the immediately preceding period in the same or similar employment, in the same or a similar neighboring place, shall have earned in the employment during the days when so employed.
(b) The terms “average weekly wage” and “total wages” as used in this section shall include reasonable value for board and lodging received from the employer plus gratuities declared for tax purposes by the employee.
(July 1, 1980, D.C. Law 3-77, § 12, 27 DCR 2503; Apr. 16, 1999, D.C. Law 12-229, § 2(f), 46 DCR 891; Oct. 14, 1999, D.C. Law 13-49, § 12(c), 46 DCR 5153.)
Prior Codifications
1981 Ed., § 36-311.
Effect of Amendments
D.C. Law 13-49 in subsec. (a)(6) inserted the phrase “divided by 26 weeks,” after the phrase “salary,”.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1512. Guardian for minor or incompetent

§ 32–1512. Guardian for minor or incompetent.
The Mayor may require the appointment by a court of competent jurisdiction, for any person who is mentally incompetent or a minor, of a guardian or other representative to receive compensation payable to such person under this chapter and to exercise the powers granted to or to perform the duties required of such person under this chapter.
(July 1, 1980, D.C. Law 3-77, § 13, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-312.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1513. Notice of injury or death

§ 32–1513. Notice of injury or death.
(a) Notice of any injury or death in respect of which compensation is payable under this chapter shall be given within 30 days after the date of such injury or death, or 30 days after the employee or beneficiary is aware or in the exercise of reasonable diligence should have been aware of a relationship between the injury or death and the employment. Such notice shall be given to the Mayor and to the employer.
(b) Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or, in case of death, by any person claiming to be entitled to compensation for such death or by a person on his behalf.
(c) Notice shall be given to the Mayor by delivering it to him or sending it by mail to him, and to the employer by delivering to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, or, if a corporation, such notice may be given to any agent or officer thereof upon whom legal process may be served or who is in charge of the business in the place where the injury occurred.
(d) Failure to give such notice shall not bar any claim under this chapter:
(1) If the employer (or his agent in charge of the business in the place where the injury occurred) or the carrier had knowledge of the injury or death and its relationship to the employment and the Mayor determines that the employer or carrier has not been prejudiced by failure to give such notice; or
(2) If the Mayor excuses such failure on the ground that for some satisfactory reason such notice could not be given; or unless objection to such failure is raised before the Mayor at the 1st hearing of a claim for compensation in respect of such injury or death.
(July 1, 1980, D.C. Law 3-77, § 14, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-313.
Section References
This section is referenced in § 32-1538.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1514. Time for filing claims

§ 32–1514. Time for filing claims.
(a) Except as otherwise provided in this section, the right to compensation for disability or death under this chapter shall be barred unless a claim therefor is filed within 1 year after the injury or death. If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within 1 year after the date of the last payment. Such claim shall be filed with the Mayor. The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment. Once a claim has been filed with the Mayor, no further written claims are necessary.
(b) Notwithstanding the provisions of subsection (a) of this section, failure to file a claim within the period prescribed in such subsection shall not be a bar to such right unless objection to such failure is made at the 1st hearing of such claim in which all parties in interest are given reasonable notice and opportunity to be heard.
(c) If a person who is entitled to compensation under this chapter is mentally incompetent or a minor, the provisions of subsection (a) of this section shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable in the case of a person who is mentally incompetent or a minor from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age.
(d) Where recovery is denied to any person, in a suit brought at law to recover damages in respect of injury or death, on the ground that such a person was an employee and that the defendant was an employer within the meaning of this chapter and that such employer had secured compensation to such employee under this chapter, the limitation of time prescribed in subsection (a) of this section shall begin to run only from the date of termination of such suit.
(July 1, 1980, D.C. Law 3-77, § 15, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-314.
Section References
This section is referenced in § 32-1520 and § 32-1532.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1516. Invalid agreements

§ 32–1516. Invalid agreements.
(a) No agreement by an employee to pay any portion of premium paid by his employer to a carrier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid, and any employer who makes a deduction for such purpose or any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000.
(b) No agreement by an employee to waive his right to compensation under this chapter shall be valid.
(July 1, 1980, D.C. Law 3-77, § 17, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-316.
Section References
This section is referenced in § 32-1508.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1517. Assignment of compensation; exemption from claims of creditors

§ 32–1517. Assignment of compensation; exemption from claims of creditors.
No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims or creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived.
(July 1, 1980, D.C. Law 3-77, § 18, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-317.
Section References
This section is referenced in § 32-1508.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1518. Compensation as lien against assets

§ 32–1518. Compensation as lien against assets.
Any person entitled to compensation under the provisions of this chapter shall have a lien against the assets of the carrier or employer for such compensation without limit of amount, and shall, upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier or employer, or both, be entitled to preference and priority in the distribution of the assets of such carrier or employer, or both.
(July 1, 1980, D.C. Law 3-77, § 19, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-318.
Section References
This section is referenced in § 32-1519.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1519. Collection of defaulted payments

§ 32–1519. Collection of defaulted payments.
(a) In case of default by the employer in the payment of compensation due under any award of compensation for a period of 30 days after the compensation is due and payable, the person to whom such compensation is payable may, within 2 years after such default, make application to the Mayor for a supplementary order declaring the amount of the default. After investigation, notice and hearing, as provided in § 32-1520, the Mayor shall make a supplementary order, declaring the amount of the default, which shall be filed in the same manner as the compensation order. In case the payment in default is an installment of the award the Mayor may, in his discretion, declare the whole of the award as the amount in default. The applicant may file a certified copy of such supplementary order with the Clerk of the Superior Court of the District of Columbia. Such supplementary order of the Mayor shall be final, and the Court shall, upon the filing of the copy, enter judgment for the amount declared in default by the supplementary order. No fee shall be required for filing the supplementary order nor for entry of judgment thereon, and the applicant shall not be liable for costs in a proceeding for review of the judgment unless the Court shall otherwise direct. The Court shall modify such judgment to conform to any later compensation order upon presentation of a certified copy thereof to the Court.
(b) In cases where judgment cannot be satisfied by reason of the employer’s insolvency or other circumstances precluding payment, the Mayor may, in his discretion, and to the extent he shall determine advisable after consideration of current commitments payable from the special fund established in § 32-1540, make payment from such fund upon any award made under this chapter, and, in addition, provide any necessary medical, surgical, and other treatment required by § 32-1507 in any case of disability where there has been a default in furnishing medical treatment by reason of the insolvency of the employer. Such an employer shall be liable for payment into such fund of the amounts paid therefrom by the Mayor under this subsection; and for the purposes of enforcing this liability, the Mayor for the benefit of the fund shall be subrogated to all the rights of the person receiving such payment or benefits, including the right of lien and priority provided for by § 32-1518 as against the employer and may by a proceeding in the name of the Mayor under § 32-1520 or under § 32-1522(c), or both, seek to recover the amount of the default or so much thereof as in the judgment of the Mayor is possible, or the Mayor may settle and compromise any such claim.
(July 1, 1980, D.C. Law 3-77, § 20, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-319.
Section References
This section is referenced in § 32-1540.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1521. Presumptions

§ 32–1521. Presumptions.
In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of evidence to the contrary:
(1) That the claim comes within the provisions of this chapter;
(2) That sufficient notice of such claim has been given;
(3) That the injury was not occasioned solely by the intoxication of the injured employee; and
(4) That the injury was not occasioned by the willful intention of the injured employee to injure or kill himself or another.
(July 1, 1980, D.C. Law 3-77, § 22, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-321.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1523. Appearance of Attorney General for the District of Columbia for Mayor

§ 32–1523. Appearance of Attorney General for the District of Columbia for Mayor.
In any court proceedings instituted under the provisions of this chapter, the Corporation Counsel of the District of Columbia shall appear as attorney or counsel on behalf of the Mayor whether the Mayor is a party to the case or interested, and shall represent the Mayor in any court in which such case may be carried on appeal.
(July 1, 1980, D.C. Law 3-77, § 24, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-323.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1524. Modification of awards

§ 32–1524. Modification of awards.
(a) At any time prior to 1 year after the date of the last payment of compensation or at any time prior to 1 year after the rejection of a claim, provided, however, that in the case of a claim filed pursuant to § 32-1508(a)(3)(V) the time period shall be at any time prior to 3 years after the date of the last payment of compensation or at any time prior to 3 years after the rejection of a claim, the Mayor may, upon his own initiative or upon application of a party in interest, order a review of a compensation case pursuant to the procedures provided in § 32-1520 where there is reason to believe that a change of conditions has occurred which raises issues concerning:
(1) The fact or the degree of disability or the amount of compensation payable pursuant thereto; or
(2) The fact of eligibility or the amount of compensation payable pursuant to § 32-1509.
(b) A review ordered pursuant to subsection (a) of this section shall be limited solely to new evidence which directly addresses the alleged change of conditions.
(c) Upon the completion of a review conducted pursuant to subsection (a) of this section, the Mayor shall issue a new compensation order which may terminate, continue, reinstate, increase, or decrease such compensation previously paid, or award compensation. An award increasing or decreasing the compensation rate may be made and shall be effective from the date of the Mayor’s order for a review of the compensation case. If, since the date of the Mayor’s order for a review of the compensation case, the employer has made any payments of compensation at a rate greater than the rate provided in the new compensation order, the employer shall be entitled to be reimbursed for the difference in accordance with rules promulgated by the Mayor. If, since the date of the Mayor’s order for review of the compensation case, the employer has made any payments of compensation at a rate less than the rate provided in the new compensation order, the employee shall be entitled to the difference as additional compensation in accordance with rules promulgated by the Mayor.
(d) A compensation order issued pursuant to subsection (c) of this section shall be reviewable pursuant to § 32-1522.
(July 1, 1980, D.C. Law 3-77, § 25, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-324.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1525. Hearings before Mayor

§ 32–1525. Hearings before Mayor.
(a) In making an investigation or inquiry or conducting a hearing the Mayor shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry or conduct such hearing in such manner as to best ascertain the rights of the parties. Prior to the hearing before the Mayor the parties may conduct such discovery, including but not limited to the use of interrogatories and depositions as, in the opinion of the Mayor, will be helpful in determining the rights of the parties. Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury.
(b) Hearings before the Mayor shall be open to the public and shall be reported stenographically or by such other method capable of producing an accurate transcript. The Mayor shall by regulation provide for the preparation of a record of the hearings and other proceedings before the Mayor.
(July 1, 1980, D.C. Law 3-77, § 26, 27 DCR 2503; Sept. 20, 2012, D.C. Law 19-168, § 2172, 59 DCR 8025.)
Prior Codifications
1981 Ed., § 36-325.
Effect of Amendments
The 2012 amendment by D.C. Law 19-168 substituted “reported stenographically or by such other method capable of producing an accurate transcript” for “stenographically reported” in the first sentence of (b).
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1526. Attendance of witnesses

§ 32–1526. Attendance of witnesses.
No person shall be required to attend as a witness in any proceeding before the Mayor at more than 25 miles of the place of the hearing, unless his lawful mileage and fee for 1 day’s attendance shall be first paid or tendered to him; but the testimony of any witness including that of an interested party may be taken by deposition or interrogatories according to the rules of practice of the Superior Court of the District of Columbia.
(July 1, 1980, D.C. Law 3-77, § 27, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-326.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1527. Witness fees

§ 32–1527. Witness fees.
Witnesses summoned in a proceeding before the Mayor or whose depositions are taken shall receive the same fees and mileage as witnesses in the Superior Court of the District of Columbia.
(July 1, 1980, D.C. Law 3-77, § 28, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-327.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1528. Costs in proceedings brought without reasonable grounds; penalty for unreasonable delay in payment of compensation

§ 32–1528. Costs in proceedings brought without reasonable grounds; penalty for unreasonable delay in payment of compensation.
(a) If the trier of fact or court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed against the party who has so instituted or continued such proceedings.
(b) If the Mayor or court determines that an employer or carrier has delayed the payment of any installment of compensation to an employee in bad faith, the employer shall pay to the injured employee, for the duration of the delay, the actual weekly wage of the employee for the period that the employee is eligible to receive workers’ compensation benefits under this chapter. The penalty shall be in addition to any amount paid pursuant to § 32-1515.
(July 1, 1980, D.C. Law 3-77, § 29, 27 DCR 2503; Mar. 6, 1991, D.C. Law 8-198, § 2(f), 37 DCR 6890.)
Prior Codifications
1981 Ed., § 36-328.
Editor's Notes
Mayor authorized to issue rules: See Historical and Statutory Notes following § 32-1501.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1529. Powers of Mayor

§ 32–1529. Powers of Mayor.
(a) The Mayor shall have the power to preserve and enforce order during any such proceedings, to issue subpoenas for, to administer oaths to, and to compel the attendance and testimony of witnesses, or the production of books, papers, documents, and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things in conformity with law which may be necessary to enable him to effectively discharge the duties of his office.
(b) If any person in proceedings before the Mayor disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the Mayor shall certify the facts to the Superior Court of the District of Columbia which shall thereupon in a summary manner hear the evidence as to the acts complained of, and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the Court, or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of or in the presence of the Court.
(July 1, 1980, D.C. Law 3-77, § 30, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-329.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1531. Employer record of injury or death

§ 32–1531. Employer record of injury or death.
Every employer shall keep a record with respect of any injury to an employee. Such record shall contain such information of disease, other disability, or death in respect of such injury as the Mayor may by regulation require, and shall be available for inspection by an authorized representative of the Mayor or of any agency of the government of the District of Columbia at such times and under such conditions as the Mayor may by regulation prescribe.
(July 1, 1980, D.C. Law 3-77, § 32, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-331.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1533. Penalty for misrepresentation

§ 32–1533. Penalty for misrepresentation.
Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this chapter shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment of not to exceed 1 year, or by both such fine and imprisonment.
(July 1, 1980, D.C. Law 3-77, § 34, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-333.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1534. Security for payment of compensation

§ 32–1534. Security for payment of compensation.
(a) Every employer shall secure the payment of compensation under this chapter: (1) by insuring and keeping insured the payment of such compensation with any stock company or mutual company or association, or with any person or fund, while such person or fund is authorized: (A) under the laws of the United States, the District of Columbia, or of any state, to insure workers’ compensation; and (B) by the Mayor to insure payment of compensation under this chapter; or (2) by furnishing satisfactory proof to the Mayor of his financial ability to pay such compensation and receiving an authorization from the Mayor to pay such compensation directly. The Mayor may, as a condition to such authorization, require such employer to deposit with the District of Columbia Treasurer either an indemnity bond or securities (at the option of the employer) of a kind and in an amount determined by the Mayor, and subject to such conditions as the Mayor may prescribe, which shall include authorization to the Mayor, in case of default, to sell any such securities sufficient to pay compensation awards or to bring suit upon such bonds, to procure prompt payment of compensation under this chapter. Any employer securing compensation in accordance with the provisions of this subsection shall be known as a self-insurer.
(b) In granting authorization to any carrier to insure payment of compensation under this chapter the Mayor may take into consideration the recommendation of any District authority having supervision over carriers. Any carrier so authorized by the Mayor shall maintain a representative in the District of Columbia who can fulfill all of the obligations of the carrier under this chapter and who shall maintain a file of all active claims being serviced by the carrier in the District of Columbia. The Mayor may suspend or revoke the authorization of any carrier to insure payment of compensation under this chapter for good cause shown after a hearing at which the carrier shall be entitled to be heard in person or by counsel and to present evidence. No suspension or revocation shall affect the liability of any carrier already incurred.
(July 1, 1980, D.C. Law 3-77, § 35, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-334.
Section References
This section is referenced in § 32-1501, § 32-1539, and § 32-1541.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1536. Notice of compensation secured

§ 32–1536. Notice of compensation secured.
Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place or places in and about his place or places of business typewritten or printed notices, in accordance with a form prescribed by the Mayor, stating that such employer has secured the payment of compensation in accordance with the provisions of this chapter. Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy.
(July 1, 1980, D.C. Law 3-77, § 37, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-336.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1537. Discharge of liability

§ 32–1537. Discharge of liability.
In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer, and in order that the administration of this chapter in respect of such liability may be facilitated, the Mayor shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer, in respect to such liability, imposed by this chapter upon the employer, as he considers proper in order to effectuate the provisions of this chapter. For such purposes:
(1) Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier; and
(2) Any requirement by the Mayor or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.
(July 1, 1980, D.C. Law 3-77, § 38, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-337.
Section References
This section is referenced in § 32-1538.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1539. Failure to secure payment of compensation

§ 32–1539. Failure to secure payment of compensation.
(a) Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation shall be assessed a civil fine of not less than $1,000 and not more than $10,000; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine as herein provided for the failure of such corporation to secure the payment of compensation; and such president, secretary, and treasurer shall be severally and personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the chapter in respect to any injury which may occur to any employee or such corporation while it shall so fail to secure the payment of compensation as required by § 32-1534.
(b) Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after 1 of his employees has been injured within the purview of this chapter, and with intent to avoid the payment of compensation under this chapter to such employee or his dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1,000 and not more than $10,000, or by imprisonment for not more than 1 year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine.
(c) This section shall not affect any other liability of the employer under this chapter.
(July 1, 1980, D.C. Law 3-77, § 40, 27 DCR 2503; Mar. 6, 1991, D.C. Law 8-198, § 2(g), 37 DCR 6890.)
Prior Codifications
1981 Ed., § 36-339.
Editor's Notes
Mayor authorized to issue rules: See Historical and Statutory Notes following § 32-1501.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1542. Retaliatory actions by employer prohibited

§ 32–1542. Retaliatory actions by employer prohibited.
It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter. Any employer who violates this section shall be liable to a penalty of not less than $100 or more than $1,000, as may be determined by the Mayor. All such penalties shall be paid to the Mayor for deposit in the special fund as described in § 32-1540, and if not paid may be recovered in a civil action brought in the Superior Court of the District of Columbia. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination; provided, that if such employee ceases to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from liability for such penalties and payments shall be void.
(July 1, 1980, D.C. Law 3-77, § 43, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-342.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1542.01. Establishment of Commission

§ 32–1542.01. Establishment of Commission.
(a) There is established the Workers’ Compensation Insurance Study Commission (“Commission”).
(b) The Commission shall:
(1) Review the history of workers’ compensation insurance rate structures in the District of Columbia since the enactment of this chapter;
(2) Review the procedure for setting new workers’ compensation insurance rates;
(3) Study alternative structures and mechanisms for setting new workers’ compensation insurance rates;
(4) Study the possibility of the District of Columbia selling workers’ compensation insurance to private employers; and
(5) Report annually to the Mayor and the Council of the District of Columbia on the Commission’s findings.
(c) To the extent feasible, the Mayor shall provide staff support to the Commission from the Department of Employment Services.
(d)(1) The Commission shall consist of:
(A) Two ex officio members who shall be the Directors of the Department of Consumer and Regulatory Affairs and the Department of Employment Services;
(B) Not more than 6 persons from the general public to serve as members who shall be appointed by the Mayor with the advice and consent of the Council within 45 days of enactment of the District of Columbia Workers’ Compensation Equity Amendment Act of 1990; and
(C) The Mayor shall appoint, with the advice and consent of the Council, 1 person from the general public to serve as chairperson of the Commission within 45 days of the enactment of the District of Columbia Workers’ Compensation Equity Amendment Act of 1990.
(2) Each member of the Commission shall serve a 3-year term.
(3) The Commission shall appoint other officers and establish rules and procedures as the Commission shall determine.
(4) Any vacancy on the Commission shall be filled in the same manner as the original appointment.
(e) The members of the Commission from the general public shall include representatives from labor, business, the medical community, the insurance industry, and consumer advocates. All members of the Commission shall serve without compensation, but may be reimbursed for reasonable actual expenses incurred in the performance of official duties, pursuant to rules issued by the Mayor in accordance with § 1-611.08.
(f) The Commission shall continue in existence for 3 years at which time the Commission shall terminate unless the Council determines that the Commission shall continue in existence or be reestablished.
(July 1, 1980, D.C. Law 3-77, § 43a; as added Mar. 6, 1991, D.C. Law 8-198, § 2(h), 37 DCR 6890.)
Prior Codifications
1981 Ed., § 36-342.1.
References in Text
The “District of Columbia Workers’ Compensation Equity Amendment Act of 1990” referred to in (d)(1)(B) and (d)(1)(C), is D.C. Law
Editor's Notes
Mayor authorized to issue rules: See Historical and Statutory Notes following § 32-1501.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1542.02. Commissioner of the Department of Insurance, Securities, and Banking; rate filings

§ 32–1542.02. Commissioner of the Department of Insurance, Securities, and Banking; rate filings.
(a) The Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] (“Commissioner”) shall take into consideration the profits of the insurers when evaluating the rate filing for workers’ compensation insurance.
(b) Each rating organization shall file, within 60 days after April 16, 1999, a loss cost filing for new and renewal policies for workers’ compensation insurance to be effective on and after April 16, 1999.
(c) The filing shall reflect no less than an 11.3% reduction in benefits. The filing shall be subject to approval or disapproval by the Commissioner, but an approval or disapproval shall be made not later than 60 calendar days after first receipt of the loss cost filing.
(d) Within 30 days of the Commissioner’s final decision regarding a filing by a rating organization made pursuant to this section, each insurer writing workers’ compensation insurance in the District shall file revised rates for the voluntary market in accordance with this decision. These revised rates shall be applicable to all new and renewal workers’ compensation insurance policies effective on or after April 16, 1999. For any policy in effect on April 16, 1999, through the end of the policy period the premium shall be reduced by a percentage which equals the benefit level reduction. With respect to new and renewal policies effective on or after April 16, 1999, and before the final approval of the rates filed pursuant to this section, each workers’ compensation insurance carrier shall, not later than 45 days after the rates approved pursuant to this section become final, adjust the premium of the new or renewal policy for the period after April 16, 1999, to reflect the difference between the premium on the policy as issued and the premium which reflects the rates as finally approved.
(July 1, 1980, D.C. Law 3-77, § 43b; as added Apr. 16, 1999, D.C. Law 12-229, § 2(m), 46 DCR 891.)
Prior Codifications
1981 Ed., § 36-342.2
Effect of Amendments
D.C. Law 12-229 added this section.
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1542.03. Anti-fraud reporting requirement

§ 32–1542.03. Anti-fraud reporting requirement.
The Director of the Department of Employment Services shall file an annual anti-fraud report with the Council by March 1st, which shall contain detailed and comprehensive information about the Department’s anti-fraud activities relating to Workers’ Compensation insurance during the preceding calendar year.
(July 1, 1980, D.C. Law 3-77, § 43c; as added Dec. 7, 2004, D.C. Law 15-205, § 1102(e), 51 DCR 8441.)
Emergency Legislation
For temporary (90 day) addition, see § 1102(e) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) addition, see § 1102(e) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1542.04. Compliance

§ 32–1542.04. Compliance.
(a) The Director of Employment Services (“Director”) shall assign from the workforce in the Workers’ Compensation office a staff equal to 5 full time equivalents to the enforcement of employer compliance with Workers’ Compensation requirements, including enforcing existing law and referring cases to the Office of the Attorney General for prosecution.
(b) The Director shall file a semi-annual compliance report with the Council by March 31st and by September 30th, which shall contain detailed and comprehensive information about the compliance enforcement activities during the preceding 6 months.
(July 1, 1980, D.C. Law 3-77, § 43d; as added Dec. 7, 2004, D.C. Law 15-205, § 1102(e), 51 DCR 8441.)
Emergency Legislation
For temporary (90 day) addition, see § 1102(f) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) addition, see § 1102(f) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
2023 District of Columbia Code › Title 32 - Labor › Chapter 15 - Workers’ Compensation › § 32–1544. Severability

§ 32–1544. Severability.
Should a court of competent jurisdiction declare any provision of this chapter to be unconstitutional or beyond the authority of the Council of the District of Columbia, such declaration shall have no effect upon any other provision of this chapter.
(July 1, 1980, D.C. Law 3-77, § 45, 27 DCR 2503.)
Prior Codifications
1981 Ed., § 36-344.