DC: Notice to Employer Deadline Runs From Knowledge That Injury Was Related to Work

DC: Notice to Employer Deadline Runs From Knowledge That Injury Was Related to Work

The D.C. Court of Appeals recently held that the District’s Compensation Review Board erred in vacating an ALJ's award of TTD on the ground that an employee had not timely notified the employer of his injury. Quoting Larson’s Workers’ Compensation Law, and construing the notice provision of the D.C. Workers' Compensation Act [D.C. Code § 32-1513(a) (2001)], the court reasoned that that “the claim period runs from the time compensable injury becomes apparent," that the employee gave notice within a few days of a doctor’s indication that the employee should curtail his activities at work and that his pain was likely associated with the trauma he had described to the physician.  In as much as the employee's notice was within days of his becoming aware that he had sustained an injury capable of impacting his work duties, the employer had ample time to provide treatment to minimize the seriousness of the injury and to facilitate investigation of the facts surrounding the injury.

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Poole v. District of Columbia Dept’ of Empl. Servs., 2013 D.C. App. LEXIS 656 (Oct. 10, 2013) [2013 D.C. App. LEXIS 656 (Oct. 10, 2013)]

See generally Larson’s Workers’ Compensation Law, § 126.06 [126.06]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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