109.1 Once the employing agency learns of a traumatic injury sustained by an employee, it shall:

(a) Provide Form 1, Form 3, Form 3A, Form 4, and Form 5 to the employee or employee's representative;

(b) Advise the employee of the right to receive COP, and the need to elect among COP, annual or sick leave or leave without pay, for any period of disability;

(c) Inform the employee of any decision to controvert COP, and the basis for doing so; and

(d) Review employee's completed Form 1, Form 3, Form 3A, Form 4, and Form 5 and complete Form 2 and transmit all Forms, along with all other available pertinent information, (including the basis for any controversies), to the Program within three (3) business days after receiving the completed Form 1, Form 3, Form 3A, Form 4 and Form 5 from the employee.

109.2 An employing agency that learns of a recurrent disability arising out an injury for which a claim has already been accepted shall place the employee on COP status if the employee has any time remaining from the last time the employee was on COP status for the same injury.

109.3 An employing agency's failure to provide claimant with the requisite forms as outlined in § 109.1 shall not be prima facie evidence of good cause for a delay in submitting a claim for compensation under Section 2321 of the Act.

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).