D.C. Mun. Regs. tit. 7, § 108
Cop, Employee’s Responsibilities
Effective Jul 7, 201764 DCR 6325Authority: 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 must comply with § 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 and
- (a) Submit completed Form 1, Form 3, Form 3A, Form 4, and Form 5 to the immediate supervisor, timekeeper of employing agency, and the Program;
- (b) 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 immediate supervisor, timekeeper of employing agency, and the Program within ten (10) calendar days after filing the claim for COP;
- (c) Cooperate with the Program in developing the claim;
- (d) Ensure that the treating physician specifies work limitations and provides the information to the immediate supervisor, timekeeper for the employing agency, and the Program within ten (10) calendar days after filing the claim for COP; and
- (e) Provide to the treating physician a description of any specific alternative positions offered the employee within three (3) days of the offer, and ensure that the treating physician responds promptly to the employing agency and the Program, with an opinion as to whether and how soon the employee could perform that or any other specific position.
108.2
An employee's COP status shall not be construed to preclude the employee from filing a claim for compensation pursuant to § 115 of this chapter, provided that the medical evidence demonstrates that the disability is expected to continue beyond twenty-one (21) days (unless the employee is hired before January 1, 1980, then beyond forty-five (45) days).
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).