Section 1-623.02 - Compensation for disability or death of employee

Compensation for disability or death of employee

(a) The District of Columbia government shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his or her duty, unless the injury or death is:

(1) Caused by willful misconduct of the employee;

(2) Caused by the employee's intention to bring about the injury or death of himself or herself or of another; or

(3) Proximately caused by the intoxication of the injured employee.

(b) No claim shall be allowed under this chapter for mental stress or an emotional condition or disease resulting from a reaction to the work environment or to an action taken or proposed by the employing agency involving the following:

(1) Employee's work performance, assignments, or duties;

(2) Promotion or denial of promotion;

(3) Adverse personnel action;

(4) Transfer;

(5) Retrenchment or dismissal; or

(6) Provision of employment benefits.

(c) Pursuant to § 1-602.04(a), the limitation of liability described in subsection (b) of this section shall not apply to an employee whose date of hire was before January 1, 1980.

CREDIT(S)

(Mar. 3, 1979, D.C. Law 2-139, § 2302, 25 DCR 5740; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(3), 57 DCR 6242.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 1-624.2.
1973 Ed., § 1-353.2.
Effect of Amendments
D.C. Law 18-223 designated the existing text as subsec. (a); and added subsecs. (b) and (c).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1062(b)(3) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For Law 18-223, see notes following § 1-301.78.

Current through September 13, 2012