Bill Summary – FastDemocracy

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                                                                               DAV

                                                                             Councilmember Brandon T. Todd

                                                           ABILL

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                         IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.

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       To update the public sector workers compensation system to mirror the private sector workers

               compensation system, creating streamlined and improved workers compensation laws to

               govern work injuries suffered by District of Columbia employees.

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              BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

              act may be cited as the "Public Sector Injured Workers Equality Amendment Act of 2020.

              Sec. 2. The District of Columbia Government Comprehensive Merit Personnel Act of

       1978, Public Sector Workers Compensation Act (D.C. Official Code 1-623.01 et seq) is

       amended as follows:

             (a) Section 2301 (D.C. Official Code 1-623.01) is amended to read as follows:

              Section 2301. Definitions.

             For the purposes in this chapter, the term:

                     (1) Adoption or adopted means legal adoption prior to the time of the injury.

                     (2) Brother or sister includes stepbrothers and stepsisters, half-brothers and

      half-sisters, and brothers and sisters by adoption, but does not include married brothers nor

    34,       married sisters unless wholly dependent on the employee.

                (3) Carrier means any person or fund authorized under  1-623.34 to insure

 under this chapter and includes self-insurers.

                (4) Child includes a posthumous child, a child legally adopted prior to the

 injury of the employee, a child in relation to whom the deceased employee stood in loco parentis,

 for at least 1 year prior to the time of injury, and a stepchild or acknowledged child born out of

     wedlock dependent upon the deceased, but does not include married children unless wholly

 dependent on the employee.

                 (5) Child, grandchild, brother, or sister includes only persons who are:

                          (A) Under 18 yearsofage, and also persons who, though 18 yearsofage

     or over, are substantially dependent upon the deceased employee and incapableofself-support

 by reason of mental or physical disability; or

                          (B) Are students as defined herein.

                   (6) Compensation means the money allowance payable to an employee or to

 their dependents as provided for in this chapter, and includes funeral benefits provided herein,

                   (7) Death as a basis for a right to compensation means only death resulting

 from an injury.

                   (8) Disability means physical or mental incapacity because of injury which

 results in the loss of wages.

                   (8A) Domestic partner shall have the same meaning as provided in  32-

 70103).

                   (8B) Domestic partnership shall have the same meaning as provided in  32-

 701(4).

                   (9) The term employee means:

                       (A)Acivil officer or employee in any branch of the District of Columbia

 government, including an officer or employeeofan instrumentality wholly owned by the District

 of Columbia government;

                       (B) An individual rendering personal service to the District of Columbia

 government similar to the serviceofa civil officer or employee of the District of Columbia,

 without pay or for nominal pay, when astatute authorizes the acceptance or use of the service or

     authorizes payment of travel or other expenses of the individual, but does not include a member

 of the Metropolitan Police Department or the Fire Department of the District of Columbia who is

 pensioned or pensionable under  5-701 through 5-724; and

                       (C) An individual selected pursuant to Chapter 121 of Title 28 of the

 United States Code and serving as a petit or grand juror and who is otherwise an employee for

 the purposesofthis subchapter as defined by subparagraphs (A) and (B) of this paragraph.

                (10) Agency means the agency or entity in the District of Columbia

  government that employed the claimant at the timeof accidental injury or occupational disease;

                    (11) Grandchild meansachild as above definedof a child as above defined.

B                   (12) Injury means accidental injury or death arising outofand in the course of

 employment, and such occupational disease or infection as arises naturally out of such

  employment or as naturally or unavoidably results from such accidental injury, and includes an

 injury caused by the willful act of third persons directed against an employee because of their

  employment.

B                   (13) Insurance consultation services means any survey, consultation,

 inspection, advisory or related services performed by a carrier, its agents, employees or service

  contractors incident to an applicable policy of insurance for the purposeofreducing the

  likelihood of injury, death or loss, or to collect or verify information for purpose of underwriting,

                 (14) Mayor means the agent designated by the Mayor of the District of

  Columbia to administer the present chapter. Any agent designated by the Mayor shall be wholly

  independent of any District of Columbia entity or agency responsible for payment for any

  compensation benefit, medical benefit, penalty, or any other sum owed to an employee under this

chapter.

                  (14A) Nonscheduled benefits means any partial disability not enumerated in 

  1-623.08.

                  (15) Parent includes stepparents and parents by adoption, parents-in-law, and

  any person who for more than 3 years prior to the deathofthe deceased employee stood in the

oO    place of a parent to them,if dependent on the injured employee.

                  (16) Person means an individual, partnership, corporation, association, firm,

  trust, or legal representative thereof.

                  (17) Physical impairment means any physical or mental condition which is or

  is likely to be a hindrance or obstacle to obtaining employment.

                  (17A) Physician means a physician, dentist, or chiropractor licensed in:

                           (A) Accordance with Chapter 12ofTitle 3; or

                           (B) Any stateorjurisdiction ofthe United States, in accordance with the

  Jawsofthat stateor jurisdiction.

                 (17B) Professional athlete meansaskilled athlete under a contract ofhire or

 collective bargaining agreement.

                (17C) Professional athletes work life expectancy means the work life

 expectancyof a professional athlete that is determined separately for each professional sports

 franchise in the District by the Office ofWorkers Compensation through its rulemaking

 authority.

                (17D) Safe workplace program means a program that the District government

 implements voluntarily to promote safety in the workplace. A certified program shall include a

 formal written safety policy developed by a safety committee made up of equal numbers of

 management representatives and employee representatives who are elected by their peers and

 who serve on the clock, and whose functions include a workplace inspection at least annually,

il    regular meetings with written records, and making recommendations to the District government

 of ways to eliminate workplace hazards and unsafe work practices, appropriate training in hazard

 assessment and control, effective accident and incident identification and the role of the federal

 and local Occupational Safety and Health Administration. Where there is a duty to bargain

 collectively, the District government shall collectively bargain the use and implementation of the

 safe workplace program.

                 (18) Student means a person regularly pursuing a full-time course of study or

 training at an institution which is:

                         (A) A school or college or university operated or directly supported by

 the United States, or by any state or local government or political subdivision thereof;

                         (B) A school or college or university which has been accredited by a state

 or the District of Columbia, or a state or District of Columbia recognized, or nationally

 recognized accrediting agency or body;

                        (C)A school or college or university not so accredited but whose credits

 are accepted, on transfer, by not less than3institutions which are so accredited, for credit on the

 same basis asif transferred from an institution so accredited; or

                        (D) An additional type of educational or training institution as defined by

 the Mayor, but not after they reaches the age of 23 or has completed 4 yearsof education beyond

 the high school level, except that, where their 23rd birthday occurs during a semester or other

 enrollment period, they shall continue to be considered a student until the endofsuch semester

 or other enrollment period. A child shall not be deemed to have ceased to be a student during any

 interim between school years if the interim does not exceed 5 months andifthey shows to the

 satisfaction of the Mayor that they has a bona fide intention of continuing to pursueafull-time

 course of education or training during the semester or other enrollment period immediately

 following the interim or during a periodofreasonable duration during which, in thejudgment of

 the Mayor, they is prevented by factors beyond their control from pursuing their education. A.

 child shall not be deemed a student under this section duringa period of service in the Armed

 Forces of the United States.

                (18A) Utilization review means the evaluationofthe necessity, character, and

 sufficiency of both the level and qualityof medically related services provided an injured

 employee based upon medically related standards.

                (19) Wages means the money rate at which the service rendered is

 recompensed under the contract of hiring in force at the time of the injury, including the

 reasonable valueofboard, rent, housing, lodging, or similar advantage received from the District

 government, and gratuities received in the course of employment from other than the District

 government.

                (20) Surviving spouse or domestic partner includes the decedent's spouse or

 domestic partner living with or dependent for support upon the decedent at the time of their or

 her death, or living apart forjustifiable cause or by reasonoftheir or her desertion at such time.

                (21) When used in this chapter, the singular includes the plural.

                (22) District government means the entity responsible for representing the

 District of Columbia government in its capacity as employer for purposesofthis chapter and

 shall be treated as analogous to an Employer as the term is used in D.C. Code  32-1501

 through 1545. The District government shall be wholly separate from and independent of any

 entity or agency assigned by the Mayor to have any adjudicative or administrative authority

 under this chapter..

        (b) Section 2302a (D.C. Official Code  1-623.02a) is amended to read as follows:

        Section 2302a. Administration and annual report to Council.

        (a) The Mayor shall administer the provisions of this chapter, and shall make such rules

 and regulations, appoint, and fix the compensation of such personnel, and make such

 expenditures as may be necessary. All expenditures ofthe Mayor in the administrationofthis

 chapter shall be allowed and paid as provided in  1-623.41 upon the presentation of itemized

 vouchers therefor approved by the Mayor.

        (b) The Mayor shall report annually to the Council by February Ist of each year on the

 status, from the previous fiscal year, of the workers compensation program. The report shall

 include the following:

                (1) The total number of cases, the total number of lost time cases, the number of

 medical only cases, the numberofcases where no compensation was paid, the numberofcases

 that are more than 500 weeks, the numberofpermanent partial disability scheduled cases, the

  number of permanent partial disability nonscheduled cases, the numberof permanent total

  disability cases, the number of temporary total disability cases, the total number of lost time

  cases, the number of medical only cases, the number of cases in which claimant was represented

  by an attorney, cumulative total attorney fees paid, the numberofcases controverted, the number

 ofcontroverted cases decided in favor of District government and decided in favor of claimant,

  the growth in the assigned risk plan, the numberofcases in and the future liabilityofthe special

  fund; and

                 (2) The percentageofthe total number of cases each year that are: more than 500

  weeks; permanent partial disability; permanent partial disability nonscheduled; permanent total

  disability; and temporary total disability..

          () Section 2302b is repealed.

          (d) Section 2303 (D.C. Official Code 1-623.03) is amended to read as follows:

          Section 2303. Coverage.

          (a) The District government shall be liable for compensation subject to this chapter for

  injury or death without regard to fault as a causeofthe injury or death.

          (b) Liability for compensation shall not apply where injury to the employee was

  occasioned solely by their intoxication or by their willful intention to injure or kill themselves or

  another.

          () Section 2304 (D.C. Official Code 1-623.04) is amended to read as follows:

          Section 2304. Exclusivenessofliability and remedy.

          (a) The liability ofthe District government prescribed in  1-623.03 shall be exclusive

  and in place of all liability of the District government to the employee, their legal representative,

  spouse or domestic partner, parents, dependents, next of kin, and anyone otherwise entitled to

  recover damages from the District government at law on account of such injury or death.

         (b) The compensation to which an employee is entitled under this chapter shall

195,   constitute the employees exclusive remedy against the District government, or any collective-

  bargaining agentofthe District government's employees and any employee, officer, director, or

  agentofthe District government, insurer, or collective-bargaining agent (while acting within the

  scope of their employment) for any illness, injury, or death arising outofand in the course of

  their employment..

         (f) Section 2305 (D.C. Official Code 1-623.05 is amended to read as follows:

         Section 2305. Commencement of compensation; maximum compensation.

         (a) No compensation shall be allowed for the first 3 daysofthe disability, except the

  benefits provided for in  1-623.07; provided, that in case the injury results in disability of more

  than 14 days the compensation shall be allowed from the date of the disability.

         (b) Compensation for disability or death shall not exceed the average weekly wages of

  insured employees in the District of Columbia or $396.78, whichever is greater. For any one

  injury causing temporary or permanent partial disability, the payment for disability benefits shall

  not continue for more than a total of 500 weeks. Within 60 days of the expirationofthe duration

  of the compensation provided for in this subsection, an employee may petition the Mayor for an

  extension of up to 167 weeks. The extension shall be granted only upon a finding by an

   independent medical examiner appointed by the Mayor of continued whole body impairment

  exceeding 20% under the American Medical Associations Guides to the Evaluation of

  Permanent Impairment. An injured employee shall have up to 3 years after termination of

  nonscheduled benefits to re-open their or her case due to changes in condition.

        () The minimum compensation for total disability or death shall be 25% ofthe

 maximum compensation.

        (@) For the purposesofthis section, the average weekly wage of insured employees in

 the District shall be determined by the Mayor as follows:

                (1) For the calendar year 2013, the average weekly wage rate is set at $1,416.00.

                (2) For years commencing after January 1, 2013, on or before November Ist of

 each preceding year, the total wages reported on contribution reports for employees, excluding

 employeesofthe United States government, to the DepartmentofEmployment Services for the

 year ending on the preceding June 30th shall be divided by the average number of such

 employees (determined by dividing the sum of total employees reported in each quarter for the

 preceding year, excluding employeesofthe United States government, by 4). The average annual

 wage thus obtained shall be divided by 52 and the average weekly wage thus determined

 rounded to the nearest cent. The average weekly wage as so determined shall be applicable for

 the year beginning the following January 1.

                (3) For years preceding 2013, the average weekly wage shall be the same for

 purposesofthis Chapter as it was for the Private Sector Workers Compensation Act, D.C. Code

 Sec. 32-1501et seq.

        (e) The average weekly wage shall not be deemed to have changed for any calendar year

 unless the computation in subsection (4)ofthis section results in an increase or decrease of $2 or

 more, raised to the next even dollar..

        (g) Section 2306 (D.C. Official Code 1-623.06) is amended to read as follows:

        Section 2306. Supplemental allowance.

        (a) When the average weekly wage has changed as provided for in  1-623.05, any

 person who has a total and permanent disability or any surviving spouse or domestic partner who

 is receiving payments for income benefits under this chapter in amounts per week less than the

 new maximum for total disability or death shall receive weekly from the carrier, without

 application, an additional supplemental allowance calculated by the Mayor in accordance with

 the provisions of subsections (b) and (c) of this section; provided, that such allowance shall not

 commence to accrue and be payable until the average weekly wage exceeds $396.78. The Mayor

 shall notify the carrier of the amount of such additional supplemental allowance.

        (b) In any case where a person with a total disability, or surviving spouse or domestic

 partner is receiving the maximum weekly income benefit applicable at the time such award was

 made under this chapter, the supplemental allow