1. (a) If an individual: (1) Was a minor or employed in a learner’s capacity at the time of injury, and (2) did not have a physical or mental disability before the injury, the Mayor, on review under § 1-623.28 after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.
2. (b) If an individual, without good cause fails to apply for and undergo vocational rehabilitation when so directed under § 1-623.04, the Mayor may review such failure under § 1-623.28. If the Mayor, upon review, finds that in the absence of such failure the wage-earning capacity of the individual would probably have substantially increased, the Mayor may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his or her wage-earning capacity in the absence of the failure, until such time as the individual in good faith complies with the direction of the Mayor.
3. (c) If an employee hired after December 31, 1979, without good cause, fails to apply for or undergo vocational rehabilitation when so directed under § 1-623.04, his or her right to compensation under this subchapter shall be suspended until the noncompliance ceases.

History

Mar. 3, 1979, D.C. Law 2-139, § 2313, 25 DCR 5740

Aug. 7, 1980, D.C. Law 3-81, § 2(s), 27 DCR 2632

Apr. 24, 2007, D.C. Law 16-305, § 3(j), 53 DCR 6198

Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(10), 57 DCR 6242

Sept. 20, 2012, D.C. Law 19-168, § 1032(b), 59 DCR 8025

Emergency Legislation

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 day) amendment of section, see § 1032(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 2(c) of Public Sector Workers’ Compensation Return to Work Clarifying Emergency Amendment Act of 2011 (D.C. Act 19-158, October 11, 2011, 58 DCR 8881).

For temporary (90 day) amendment of section, see § 1062(b)(10) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

Section 4(b) of D.C. Law 19-69 provided that the act shall expire after 225 days of its having taken effect.

Section 2(c) of D.C. Law 19-69, in subsec. (b), substituted “If an individual” for “If an employee whose date of hire was before January 1, 1980,”.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 substituted “If an individual” for “If an employee, whose date of hire was before January 1, 1980” in (b).

D.C. Law 18-223 rewrote the section heading which had read as follows: “Increase or decrease of basic compensation”; in subsec. (a), substituted “at the time of injury, and” for “at the time of injury; or”; in subsec. (b), substituted “If an employee, whose date of hire was before January 1, 1980,” for “If an individual”; and added subsec. (c).

D.C. Law 16-305, in subsec. (a), substituted “did not have a physical or mental disability” for “was not physically or mentally handicapped”.

Prior Codifications

1973 Ed., § 1-353.13.

1981 Ed., § 1-624.13.

Section References

This section is referenced in § 1-623.01.