138.1 If a claimant is subject to forfeiture of his or her right to workers compensation pursuant to Section 2306b(b) of the Act, such forfeiture shall commence on the earlier of:

(a) The date the report of earnings was due; or

(b) The date the Program receives a report, where the claimant knowingly omitted or understated any part if his or her earnings.

138.2 Forfeiture under this section shall continue until a complete report is received by the Program.

138.3 A complete report shall provide the Program with earnings for the period requested and include:

(a) A signed and notarized affidavit on a form provided by the Program from the claimant;

(b) Copies of tax returns, if filed;

(c) A signed authorization authorizing the Program to obtain copies of tax documents; and

(d) Shall reflect an accurate statement of all earnings.

138.4 After ninety (90) consecutive days of forfeiture as provided in §§ 138.1 and 138.2, claimant shall be terminated from the Program with at least thirty (30) day notice. The claimant may be reinstated at the discretion of the Program only where the claimant establishes that his or her failure to act was the result of good cause.

138.5 Claimant's failure to timely file a report of earning may be excused, where good cause for the delay is found pursuant to §147.

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).