PR 24-0783 — Parity in Workers' Compensation Recovery Emergency Declaration Resolution of 2022

___________________________ENROLLED ______________________________ORIGINAL ChairmanA PhilRESOLUTION Mendelson24-497 CouncilmemberIN Mary.THE COUNCIL OF THE DISTRICT OF COLUMBIA June 7, 2022 To declare the existence of an emergency with respect to the need to amend the District of Columbia Workers’ Compensation Act of 1979 to provide that the payment or award of compensation under the workers’ compensation law of any other state shall not bar a claim for compensation under the District’s workers’ compensation law for the same injury or death;

M Cheh 4 6 A BILL 8 ___________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _______________ To declare the existence of an emergency with respect to the need to amend the District of Columbia Workers’ Compensation Act of 1979 to provide that the payment or award of compensation under the workers’ compensation law of any other state shall not bar a claim for compensation under the District’s workers’ compensation law for the same injury or death;

(a) Currently, under D.C.section 4(a-1) of the District of Columbia Workers’ Compensation Act of 1979, effective July 1, 1980 (D.C.

OfficialLaw Code3-77; § 32–1503(a-1), a worker cannot receive any workers’ compensation “and at any time receive compensation under the workers’ compensation law of any other state for the same injury or death.” In practice, this provision is strictly interpreted by the courts to bar injured workers from bringing otherwise valid claims in the District if they have received any compensation under the law of another state, no matter whether the compensation provided in that other state was less than the worker would be entitled to in the District or whether the worker knew that receiving the compensation would waive her right to bring a claim in the District.

D.C.

Official Code § 32– 1503(a-1)) (“section 4(a-1)”), a worker cannot receive any workers’ compensation and at any time receive compensation under the workers’ compensation law of any other state for the same injury or death.

In practice, this provision is strictly interpreted by the courts to bar injured workers from bringing otherwise valid claims in the District if they have received any compensation under the law of another state, no matter whether the compensation provided in that other state was less than the worker would be entitled to in the District or whether the worker knew that receiving the compensation would waive the right to bring a claim in the District.

Although an injured worker could maintain the ability to bring a claim in the District by the rejecting ENROLLED ORIGINAL payment, injured workers are typically not in a position to do so when such payments are needed to cover medical expenses or other bills—andbills and often do not know that accepting a payment will bar them from any recovery in the District.

Courts interpret subsectionsection D.C.4(a-1) broadly and conduct a case-by-case analysis to determine whether a claimant has received compensation under the law of another state;

Official Code § 32–1503(a-1) broadly and conduct a case-by-case analysis to determine whether a claimant has received compensation under the law of another state;

(c) This denial is a problem because workers’ compensation laws in the District are generally more favorable to injured workers than those in neighboring Maryland and Virginia.

Most notably, the District allows injured workers to do what is known as “stack” their wages for purposes of calculating benefits, meaning that an injured worker who works more than one job is entitled to benefits based on lost wages from both jobs.

(d) SinceAs the workers’ compensation laws in neighboring states are more favorable to employers and many injured workers have an urgent need to expeditiously access compensation after an injury, local workers’ compensation attorneys in the District have seen a number of employers and their insurance companies use the aforementioned tactics to prevent workers from bringing their valid claim for workers’ compensation in the District.

(f) Of note, this legislation would not allow a worker to “double dip,” or receive compensation twice for the same injury.

ENROLLED ORIGINAL Sec.