(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.)

1981 Ed., § 1-624.2.

1973 Ed., § 1-353.2.

D.C. Law 18-223 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

The 2012 amendment by D.C. Law 19-168 repealed (b) and (c), which read: “(b) No claim shall be allowed under this subchapter for mental stress or an emotional condition or disease resulting from a reaction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.”

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).

Section 1122(a) of D.C. Law 19-168 repealed (b) and (c). However, § 1123 of D.C. Law 19-168 provided that § 1122 of the act 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 Title X of D.C. Law 19-168.

The Budget Office of the District of Columbia Council has determined that the conditions of § 1123 of D.C. Law 19-168 were not met. Therefore the amendments to this section by section 1122(a) of D.C. Law 19-168 have not been given effect.