(a)(1) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the District of Columbia government to pay damages, the Mayor may require the beneficiary to do the following:
(A) Assign to the District of Columbia government any right of action he or she may have to enforce the liability or any right he or she may have to share in money or other property received in satisfaction of that liability; or
(B) Prosecute the action in his or her own name.
(2) An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.
(b) A beneficiary who refuses to assign or prosecute an action in his or her own name when required by the Mayor is not entitled to compensation under this subchapter.
(c) The Mayor may prosecute or compromise a cause of action assigned to the District of Columbia government. When the Mayor realizes on the cause of action, he or she shall deduct therefrom and place to the credit of the Employees’ Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payment of compensation payable for the same injury. The beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.
(Mar. 3, 1979, D.C. Law 2-139, § 2331, 25 DCR 5740.)
1981 Ed., § 1-624.31.
1973 Ed., § 1-353.31.
This section is referenced in § 1-623.42.
Structure District of Columbia Code
Title 1 - Government Organization
Chapter 6 - Merit Personnel System
Subchapter XXIII - Public Sector Workers’ Compensation
§ 1–623.02. Compensation for disability or death of employee
§ 1–623.02b. Functions — Disability compensation
§ 1–623.03. Medical services and initial medical and other benefits
§ 1–623.04. Vocational rehabilitation
§ 1–623.06. Partial disability
§ 1–623.06a. Period of disability payments
§ 1–623.06b. Report of earnings
§ 1–623.07. Compensation schedule
§ 1–623.08. Reduction of compensation for subsequent injury to same member
§ 1–623.09. Beneficiaries of awards unpaid at death; order of precedence
§ 1–623.10. Augmented compensation for dependents
§ 1–623.11. Additional compensation for services of attendants or vocational rehabilitation
§ 1–623.12. Maximum and minimum monthly compensation
§ 1–623.13. Increase, decrease, or suspension of compensation
§ 1–623.14. Computation of pay
§ 1–623.15. Determination of wage-earning capacity
§ 1–623.16. Limitation of right to receive compensation
§ 1–623.17. Time of accrual of right
§ 1–623.18. Continuation of pay; election to use annual or sick leave
§ 1–623.19. Notice of injury or death
§ 1–623.21. Claim required; contents
§ 1–623.22. Time for making claim
§ 1–623.23. Physical examinations
§ 1–623.24. Time for making claim; finding of facts; award; right to hearing; conduct of hearing
§ 1–623.25. Misbehavior at proceedings
§ 1–623.26. Subpoenas; oaths; examination of witnesses
§ 1–623.27. Representation; attorneys; fees
§ 1–623.29. Recovery of overpayments
§ 1–623.30. Assignment of claim
§ 1–623.31. Subrogation of the District of Columbia
§ 1–623.32. Adjustment after recovery from third person
§ 1–623.33. Compensation in case of death
§ 1–623.34. Funeral expenses; transportation of body
§ 1–623.35. Lump-sum settlements
§ 1–623.36. Injury incurred; initial payments outside United States
§ 1–623.37. Compensation for noncitizens and nonresidents
§ 1–623.38. Minimum limit modification for noncitizens and aliens
§ 1–623.40. Administration. [Repealed]
§ 1–623.41. Adjustments in compensation for disability or death
§ 1–623.42. Employees’ Compensation Fund
§ 1–623.43. Compensation leave
§ 1–623.44. Rules and regulations
§ 1–623.45. Career and Educational Services retention rights