The Department of Employment Services (DOES) Administrative Hearings Division (AHD) conducts formal administrative hearings for workers’ compensation claims as provided for under the D.C. Workers' Compensation Act of 1979, as amended, DC Code § 32-1501 et seq.
A party seeking to file an application for a formal hearing to determine their rights, or liabilities, regarding benefits under the District of Columbia workers’ compensation laws, must file an original electronic Application for Formal Hearing with AHD, via the e-File Portal. Filing must be performed utilizing the services of a DC barred attorney. One may also file Pro se, on one’s own behalf. Users to the e-File Portal are required to create a user account. Upon receipt of an Application for Formal Hearing, a Scheduling Order will be issued by AHD to the parties, which sets forth the date and time of the formal hearing, as well as the deadlines related to the proceeding. Failure of a party to timely comply with the Scheduling Order may be grounds for dismissal of the Application for Formal Hearing.
D.C. Workers’ Compensation Act, D.C. Code §§ 32-1501, et seq., and the implemented regulations found in D.C. Municipal Regulations, 7 DCMR 200, et. seq., govern formal hearings. The formal hearings are conducted pursuant to the Administrative Procedures Act, as amended, DC Code § 2-501 et seq., and the District of Columbia Superior Court Rules of Civil Procedure. At the conclusion of the formal hearing, the Administrative Law Judge thoroughly reviews the documentary and testimonial evidence in the record and issues a written decision (Compensation Order) within 20 working days of the closing of the record. After a decision has become final, the judge may also be required to rule on requests for the Award of an Attorney's Fee, or on a Supplementary Order Declaring Default.
If a party is dissatisfied with a Compensation Order issued by AHD, they may file a Request for Review with the Compensation Review Board within 30 calendar days of the issuance of the Compensation Order.
Appeals of the Compensation Review Board decisions are taken to the District of Columbia Court of Appeals.
Administrative Policy Issuance
The purpose of this Administrative Policy Issuance is to amend Administrative Policy Issuance 05-01 and provide specific delegation of authority to review decisions of the custodian of the Special Fund to the Office of the Director. Specifically this issuance reviews the relevant background and legal authority, amends Section 3 to eliminate any conflicting language and to limit the delegation of the Director's authority to the Compensation Order Review Board to what has been mandated by statute, and amends Section 4 to include a new section delegating the Director's authority as the custodian of the Special fund to the OWC and setting forth a process to review the custodian's Determination of Payment from the Special Fund. Finally, this Administrative Policy Issuance also repeals the June 9, 2006 General Counsel Opinion (2006 GC Opinion), without replacement.
Visit the Frequently Asked Questions for more information about the Hearings and Adjudication process, or contact the following:
Government of the District of Columbia
Department of Employment Services
Labor Standards Bureau
Office of Hearings and Adjudication
Administrative Hearings Division
4058 Minnesota Avenue, NE, Suite 4400
Washington, DC 20019
Phone: (202) 671-2233
Email: [email protected]
Fax: (202) 673-6938
Hours of Operation: Monday - Friday, 8:30 am – 5:00 pm