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Current through October 23, 2012
(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.
(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; Sept. 20, 2012, D.C. Law 19-168, § 1122(a), 59 DCR 8025.)
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).
D.C. Law 19-168 repealed subsecs. (b) and (c), but is not in effect. See Miscellaneous Notes.
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.
For history of Law 19-168, see notes under § 1-137.01.
Miscellaneous Notes
Short title: Section 1121 of D.C. Law 19-168 provided that subtitle L of title I of the act may be cited as "Protecting Injured Government Workers Reform Amendment Act of 2012".
Section 1123 of D.C. Law 19-168 provides:
"Sec. 1123. Applicability.
"This subtitle shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) through (29) of the Revised Revenue Estimate Contingency Priority List Act of 2012, passed on 2nd reading on June 5, 2012 (Enrolled version of Bill 19-743) [D.C. Law 19-168]."
Certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) through (29) of Law 19-168 has not been made. Therefore, the provisions of this section, enacted by Law 19-168, are not in effect.
