D.C. Mun. Regs. tit. 7, § 108
Cop, Employee’s Responsibilities
Effective Apr 5, 201966 DCR 4246Authority: 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 (2016 Supp.)); the Office of Administrative Hearings Establishment Act of 2001 (OAH Act), effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 1-1831.01 et seq. (2016 Repl.)); 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, dated December 14, 2004. Source: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12229 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8771 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 4246 (April 5, 2019).District of Columbia, Office of the Secretary
108
108.1
To file a claim for COP, the employee or employee’s representative shall:
- (a) Submit notice of injury pursuant to § 104 of this chapter and complete the indicated portion for COP as soon as possible, but no later than thirty (30) days after the traumatic injury;
- (b) Submit Forms 3, 3A, 4, and IRS Form 4506-T to the Program through the Program’s designated online portal or by mail or fax or to the employee’s immediate supervisor by hand delivery;
- (c) Ensure that medical evidence supporting disability resulting from the claimed traumatic injury, including a statement as to when the employee can return to his or her date of injury job, is provided to the employing agency’s workers’ compensation coordinator and the Program within ten (10) calendar days after the claim for COP is filed;
- (d) Cooperate with the Program and the employing agency’s workers’ compensation coordinator in developing the claim; and
- (e) Ensure that the qualified health professional specifies work limitations and that the work limitation information is provided to the employee’s immediate supervisor, the employing agency’s workers’ compensation coordinator, and the Program within ten (10) calendar days after the claim for COP is filed.
108.2
An employee’s COP status shall not be construed to preclude the employee from filing a claim for workers’ compensation pursuant to § 115 of this chapter. COP payments shall terminate upon the Program’s acceptance or denial of the claim for workers’ compensation.
108.3
Employee or employee’s representative must tender evidence in support of the employee’s out-of-work status to the workers’ compensation coordinator no later than the date by which time must be approved in PeopleSoft for the applicable pay period.
SOURCE: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12229 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8771 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 4246 (April 5, 2019).