eNotes: Workers’ Compensation – December 2023 – Washington, DC

SIGNIFICANT CASE SUMMARIES AND CLIENT ADVISORY

Washington, DC Case Summaries & Client Advisory

CLIENT ADVISORY – DC Passes an Extension of Temporary Legislation Impacting Jurisdiction in Workers’ Compensation Cases.

Lawmakers passed a resolution which temporarily amends the D.C. Code § 32-1503 (a-1). This portion of the statute completely bars injured workers from obtaining benefits in the District of Columbia if they receive compensation in another state. The temporary amendment, entitled DC Act 25-313 Act Parity in Workers’ Compensation Recovery Temporary Amendment Act of 2023 temporarily amends the statute to allow injured workers who have obtained Workers’ Compensation benefits in another state to also maintain a claim for benefits in the District of Columbia, if there is otherwise jurisdiction, with the caveat that any award of compensation in the District shall be reduced by the amount of compensation received or awarded under the Workers’ Compensation law of any other state. The legislation was signed into law on November 27, 2023, and applies to all claims pending or filed after June 28, 2022. The temporary legislation expires after 225 days (July 8, 2024). This legislation essentially extends the previous temporary legislation passed in 2022. To obtain a permanent amendment to the Act, DC must obtain approval of Congress.

It is unclear how this legislation will be applied given its temporary nature, but it conceivably eliminates the bar to filing a DC claim after receiving benefits in another jurisdiction from June 28, 2022 through July 8, 2024. It is anticipated that the extension of the temporary legislation is likely to cause an increase in claims filed in DC. Ongoing investigation is underway to determine the economic impact of this legislation.

Questions about this legislation can be directed to Jamie DeSisto at (443) 641-0558 or jdesisto@tthlaw.com.

Lecea v. D.C. Dep’t of Emp. Servs.
No. 22-AA-0544, 2023 D.C. App. LEXIS 265
District of Columbia Court of Appeals

Decided: September 14, 2023

Court affirms CRB method of calculating average weekly wage for sporadic employment, and confirms the Employer is entitled to a credit for unemployment compensation received from a subsequent Employer during a claimed period of TTD.

Background

In January, 2019 the Claimant began working for the Employer as a mover on an as-needed and intermittent basis, for which he was paid $22 per hour. In February, 2019, the Claimant fell from a ladder and sustained injuries. At the time of the work injury, the Claimant was also working for several other employers, resulting in a stacked average weekly wage. Post-injury, the Claimant returned to work for a new employer for a period of time, and collected unemployment from that new employer after he was laid off. During the period he collected unemployment, he also sought an award of temporary total disability from the work injury. A dispute arose as to the correct way to calculate the Claimant’s average weekly wage relative to the primary Employer. A secondary dispute arose regarding the Employer’s entitlement to credit for unemployment benefits received by the Claimant.

Holding

The Court held (1) D.C. Code § 32-1511(a)(4) applies to temporary or sporadic work if the Claimant’s wages are fixed by the day, hour, or output of the Claimant, such that the total wages earned during the 26 weeks should be averaged and divided by 26. If the Claimant works less than 26 weeks prior to the work injury, then the total wages should be based on the amount a comparable employee would have earned during the 26 weeks. (2) the Employer is entitled to a credit for unemployment compensation received, no matter the source, to prevent double recovery by the Claimant.

Takeaway

Both holdings reject arguments of liberal construction of the “humanitarian” statute and focus on fairness to the Employer and prevention of overcompensation of the Claimant.

Questions about this case can be directed to Jamie DeSisto at (443) 641-0558 or jdesisto@tthlaw.com.