143.1

(a) An employee whose claim of disability is accepted by the Program shall have the right to resume the position he or she occupied before the date of the disability, or an equivalent position, if the employee overcomes the disability within two (2) years after commencement of compensation and provision of all necessary medical treatment needed to lessen the disability.

(b) If an employee whose claim of disability is accepted by the Program resumes regular full-time employment with the District government when the original disability is overcome, and the disability thereafter recurs, the employee shall have the right to resume the position he or she occupied before the date of the recurrence of the compensable disability, if the employee overcomes the recurrence of the disability within two (2) years after the disability recurs.

143.2 For the purposes of this section, the phrase “overcome an accepted work injury, disease, or condition” means able to perform the essential functions and duties of the job.

143.3 For the purposes of this section, the phrase “lessen the disability” means an increased ability to work or increase in wage-earning capacity from the time of injury or initial disability after receipt of treatment that is supported by medical evidence.

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).