(a) An original claim for compensation for disability or death must be filed within 2 years after the injury or death. Compensation for disability or death, including medical care in a disability case, may not be allowed if claim is not filed within that time unless:

(1) The immediate superior has actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or

(2) Written notice of injury or death as specified in § 1-623.19 was given within 30 days.

(b) In a case of latent disability, the time for filing a claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his or her employment. In such a case, the time for giving notice of injury begins to run when the employee is aware or, by the exercise of reasonable diligence, should have been aware that his or her condition is causally related to his or her employment, whether or not there is a compensable disability.

(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.

(d) The time limitations in subsections (a) and (b) of this section do not:

(1) Begin to run against a minor until he or she reaches 21 years of age or has had a legal representative appointed; or

(2) Run against an incompetent individual while he or she is incompetent and has no duly appointed legal representative; or

(3) Run against any individual whose failure to comply is excused by the Mayor on the ground that such notice could not be given because of exceptional circumstances.

(e) An injured worker may reopen a case within one year after the date of the last payment of indemnity or the final order issued by a judicial entity.

(Mar. 3, 1979, D.C. Law 2-139, § 2322, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(y), 27 DCR 2632; Sept. 24, 2010, D.C. Law 18-223, § 1062(b)(12), 57 DCR 6242.)

1981 Ed., § 1-624.22.

1973 Ed., § 1-353.22.

This section is referenced in § 1-623.18 and § 1-623.21.

D.C. Law 18-223, in subsec. (a), substituted “2 years” for “3 years”; and added subsec. (e).

For temporary (90 day) amendment of section, see § 1062(b)(12) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).