District of Columbia: Injured Employee May Not Receive Both Comp Disability Benefits and Short-Term Disability Benefits Under Separate Employer-Funded Plan

Contrast the Minnesota decision noted above with that involving an injured District of Columbia employee who, following a work-related injury, received disability benefits under the Workers' Compensation Act (WCA), D.C. Code § 32-1501 et seq. as well as short-term disability benefits pursuant to an employer-funded insurance policy.  The appellate court held that the receipt of both constituted a double recovery.  The District of Columbia court held that the benefits received pursuant to the employer-funded policy were “advance payments of compensation” under D.C. Code § 32-1515(j) and the employer, therefore, was entitled to deduct the amount of those benefits from future disability payments made under the WCA.  Citing Larson’s Workers’ Compensation Law, § 157.01, et. seq., the court indicated that to rule otherwise would allow a double recovery.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

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

See Felder v. District of Columbia Dep’t of Employment Servs., 2014 D.C. App. LEXIS 296 (Aug. 7, 2014) [2014 D.C. App. LEXIS 296 (Aug. 7, 2014)]

See generally Larson’s Workers’ Compensation Law, § 157.01 [157.01]

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

For more information about LexisNexis products and solutions connect with us through our corporate site