Common use of - Adverse Findings; Appeals Clause in Contracts

- Adverse Findings; Appeals. Where it is determined that an employee is not fit for duty, the examining physician shall prepare a written report which includes the following: (a) A specific diagnosis of the employee’s condition and the reasons why such problem renders the employee unfit for duty; (b) A statement as to whether the employee, with reasonable accommodation, is able to perform the essential functions of the job; (c) A specific treatment plan, if any; and (d) A prognosis for recovery and a schedule concerning re-examination. The employee shall sign an appropriate release, if deemed necessary by the examining physician, in order to authorize the doctor to disclose to the Chief the forgoing information. A copy of the examining physician's written report shall be provided to the Chief of the Department and to the employee unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. In the event the employee disagrees with the determination of the examining physician or other licensed medical provider that he/she is not medically, psychologically, or emotionally fit for duty, the employee may submit medical information from a physician or other licensed medical provider of his/her own choosing. The employee shall be responsible for all costs associated with the second opinion that are not otherwise covered by the employee's medical insurance. Where the employee's physician and the Department's physician have issued conflicting opinions concerning the employee's fitness for duty, the Department and Union shall encourage the two physicians to confer with one another in an effort to resolve their conflicting medical opinions. If they are unable to do so within fifteen (15) calendar days after the date of the second opinion, the dispute concerning the employee's fitness for duty may be submitted by the Union to a neutral examining physician or other licensed medical provider (the “Neutral Examiner”) The Union and the Department shall establish one list of not less than three qualified Neutral Examiners who shall all have expertise regarding psychological or emotional disorders and one list of not less than three qualified Neutral Examiners who shall all have expertise regarding physical illnesses or injuries. All Neutral Examiners shall be qualified to opine as to the employee’s fitness to engage in fire suppression and life safety duties. When the services of a Neutral Examiner become necessary, the referral to the Neutral Examiner must be made within thirty (30) calendar days after the date of the opinion from the employee’s physician or licensed medical provider and the employee shall select the Neutral examiner from the established list. If no such referral is timely made, the determination by the City doctor shall be final and binding. Further, if the employee timely makes the referral but fails to make the selection of the Neutral Examiner within five (5) business days after the services of the Neutral Examiner are deemed necessary, the Employer may select the Neutral Examiner from the panel. The Neutral Examiner may make a determination based on the files and records of the City’s and Employee’s respective doctors. In addition, if the Neutral Examiner determines it necessary, the employee shall be directed to submit to an evaluation by the Neutral Examiner. The decision of the Neutral Examiner shall be final and binding on the parties. If the Neutral Examiner determines that the employee is not fit for duty, he/she shall issue a written report to the parties which includes the information specified above. To the extent not covered by insurance, the cost of the Neutral Examiner shall be split equally between the City and the Union. The dispute resolution procedures outlined herein shall not apply to Workers' Compensation cases At such time as the Department determines that an employee shall be required to submit to a fitness for duty evaluation and/or during the time any controversy concerning the employee's fitness for duty is being resolved, the Department may reassign the employee to other duties or relieve the employee from duty in its sole discretion. In the latter event, the employee shall be placed on paid leave of absence status which may be revoked if the employee fails to fully cooperate with the Department or its examining physicians and/or other licensed medical providers.

- Adverse Findings; Appeals. Where it is determined that an employee is not fit for duty, the examining physician shall prepare a written report which includes the following: (a) A specific diagnosis of the employee’s condition and the reasons why such problem renders the employee unfit for duty; (b) A statement as to whether the employee, with reasonable accommodation, is able to perform the essential functions of the job; (c) A specific treatment plan, if any; and (d) A prognosis for recovery and a schedule concerning re-examination. The employee shall sign an appropriate release, if deemed necessary by the examining physician, in order to authorize the doctor to disclose to the Chief the forgoing information. A copy of the examining physician's written report shall be provided to the Chief of the Department and to the employee unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. In the event the employee disagrees with the determination of the examining physician or other licensed medical provider that he/she is they are not medically, psychologically, or emotionally fit for duty, the employee may submit medical information from a physician or other licensed medical provider of his/her their own choosing. The employee shall be responsible for all costs associated with the second opinion that are not otherwise covered by the employee's medical insurance. Where the employee's physician and the Department's physician have issued conflicting opinions concerning the employee's fitness for duty, the Department and Union shall encourage the two physicians to confer with one another in an effort to resolve their conflicting medical opinions. If they are unable to do so within fifteen (15) calendar days after the date of the second opinion, the dispute concerning the employee's fitness for duty may be submitted by the Union to a neutral examining physician or other licensed medical provider (the “Neutral Examiner”) The Union and the Department shall establish one list of not less than three qualified Neutral Examiners who shall all have expertise regarding psychological or emotional disorders and one list of not less than three qualified Neutral Examiners who shall all have expertise regarding physical illnesses or injuries. All Neutral Examiners shall be qualified to opine as to the employee’s fitness to engage in fire suppression and life safety duties. When the services of a Neutral Examiner become necessary, the referral to the Neutral Examiner must be made within thirty (30) calendar days after the date of the opinion from the employee’s physician or licensed medical provider and the employee shall select the Neutral examiner from the established list. If no such referral is timely made, the determination by the City doctor shall be final and binding. Further, if the employee timely makes the referral but fails to make the selection of the Neutral Examiner within five (5) business days after the services of the Neutral Examiner are deemed necessary, the Employer may select the Neutral Examiner from the panel. The Neutral Examiner may make a determination based on the files and records of the City’s and Employee’s respective doctors. In addition, if the Neutral Examiner determines it necessary, the employee shall be directed to submit to an evaluation by the Neutral Examiner. The decision of the Neutral Examiner shall be final and binding on the parties. If the Neutral Examiner determines that the employee is not fit for duty, he/she they shall issue a written report to the parties which includes the information specified above. To the extent not covered by insurance, the cost of the Neutral Examiner shall be split equally between the City and the Union. The dispute resolution procedures outlined herein shall not apply to Workers' Compensation cases At such time as the Department determines that an employee shall be required to submit to a fitness for duty evaluation and/or during the time any controversy concerning the employee's fitness for duty is being resolved, the Department may reassign the employee to other duties or relieve the employee from duty in its sole discretion. In the latter event, the employee shall be placed on paid leave of absence status which may be revoked if the employee fails to fully cooperate with the Department or its examining physicians and/or other licensed medical providers.

- Adverse Findings; Appeals. Where it is determined that an employee is not fit for duty, the examining physician shall prepare a written report which includes the following: (a) A specific diagnosis of the employee’s condition and the reasons why such problem renders the employee unfit for duty; (b) A statement as to whether the employee, with reasonable accommodation, is able to perform the essential functions of the job; (c) A specific treatment plan, if any; and (d) A prognosis for recovery and a schedule concerning re-examination. The employee shall sign an appropriate release, if deemed necessary by the examining physician, in order to authorize the doctor to disclose to the Chief the forgoing information. A copy of the examining physician's written report shall be provided to the Chief of the Department and to the employee unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. In the event the employee disagrees with the determination of the examining physician or other licensed medical provider that he/she the employee is not medically, psychologically, or emotionally fit for duty, the employee may submit medical information from a physician or other licensed medical provider of his/her their own choosing. The employee shall be responsible for all costs associated with the second opinion that are not otherwise covered by the employee's medical insurance. Where the employee's physician and the Department's physician have issued conflicting opinions concerning the employee's fitness for duty, the Department and Union shall encourage the two physicians to confer with one another in an effort to resolve their conflicting medical opinions. If they are unable to do so within fifteen (15) calendar days after the date of the second opinion, the dispute concerning the employee's fitness for duty may be submitted by the Union to a neutral examining physician or other licensed medical provider (the “Neutral Examiner”) The Union and the Department shall establish one list of not less than three qualified Neutral Examiners who shall all have expertise regarding psychological or emotional disorders and one list of not less than three qualified Neutral Examiners who shall all have expertise regarding physical illnesses or injuries. All Neutral Examiners shall be qualified to opine as to the employee’s fitness to engage in fire suppression and life safety duties. When the services of a Neutral Examiner become necessary, the referral to the Neutral Examiner must be made within thirty (30) calendar days after the date of the opinion from the employee’s physician or licensed medical provider and the employee shall select the Neutral examiner from the established list. If no such referral is timely made, the determination by the City doctor shall be final and binding. Further, if the employee timely makes the referral but fails to make the selection of the Neutral Examiner within five (5) business days after the services of the Neutral Examiner are deemed necessary, the Employer may select the Neutral Examiner from the panel. The Neutral Examiner may make a determination based on the files and records of the City’s and Employee’s respective doctors. In addition, if the Neutral Examiner determines it necessary, the employee shall be directed to submit to an evaluation by the Neutral Examiner. The decision of the Neutral Examiner shall be final and binding on the parties. If the Neutral Examiner determines that the employee is not fit for duty, he/she they shall issue a written report to the parties parties, which includes the information specified above. To the extent not covered by insurance, the cost of the Neutral Examiner shall be split equally between the City and the Union. The dispute resolution procedures outlined herein shall not apply to Workers' Compensation cases At such time as the Department determines that an employee shall be required to submit to a fitness for duty evaluation and/or during the time any controversy concerning the employee's fitness for duty is being resolved, the Department may reassign the employee to other duties or relieve the employee from duty in its sole discretion. In the latter event, the employee shall be placed on paid leave of absence status which may be revoked if the employee fails to fully cooperate with the Department or its examining physicians and/or other licensed medical providers.

- Adverse Findings; Appeals. Where it is determined that an employee is not fit for duty, the examining physician shall prepare a written report which includes includes: (a) A statement as to whether the followingemployee, is medically and/or psychologically able to perform the essential functions of the job; and (b) A statement of what, if any, work restrictions the employee has; and (c) A prognosis for recovery. A copy of the examining physician's written report shall be provided to the Chief of the Department, those who have authority and responsibility to represent the interests of the Department in claims involving the Department in any forum or otherwise, and others who may specifically be authorized by the employee to receive such data. In addition to the report provided to the Chief of the Department, the employee may also at the discretion of the examining physician, be provided with additional information including: (a) A specific diagnosis of the employee’s medical condition and the reasons why such problem renders the employee unfit for duty; (b) A statement as to whether of any accommodation that would enable the employee, with reasonable accommodation, is able employee to perform the essential functions of the their job; (c) A ; a specific treatment plan, if any; and (dc) A prognosis for recovery and a specific schedule concerning re-examination. The employee shall sign an appropriate release, if deemed necessary by the examining physician, in order to authorize the doctor to disclose to the Chief the forgoing information. A copy of the examining physician's written report shall be provided to the Chief of the Department and to the employee ; unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. In the event the employee disagrees with the determination of the examining physician or other licensed medical provider that he/she is they are not medically, psychologically, or emotionally fit for duty, the employee may submit medical information from a physician or other licensed medical provider of his/her their own choosing. The employee shall be responsible for all costs associated with the second opinion that unless such costs are not otherwise covered by the employee's medical insurance. Where the employee's physician and the Department's physician have issued conflicting opinions concerning the employee's fitness for duty, the Department and Union shall encourage the two physicians to confer with one another in an effort to resolve their conflicting medical opinions. If they are unable to do so within fifteen (15) calendar days after the date of the second opinion, the dispute concerning the employee's fitness for duty may be submitted by the Union either party to a neutral examining physician or other licensed medical provider (the “Neutral Examiner”) The Union and the Department shall establish one list of not less than three qualified Neutral Examiners who shall all have has expertise regarding the medical, psychological or emotional disorders disorder involved and one list of not less than three qualified Neutral Examiners who shall all have expertise regarding physical illnesses or injuries. All Neutral Examiners shall be qualified to opine as to the employee’s fitness to engage in fire suppression and life safety duties. When the services of a Neutral Examiner become necessary, the referral to the Neutral Examiner must be made within thirty (30) calendar days after the date is knowledgeable of the opinion from the employee’s physician or licensed medical provider and the employee shall select the Neutral examiner from the established list. If no such referral is timely made, the determination by the City doctor shall be final and binding. Further, if the employee timely makes the referral but fails to make the selection of the Neutral Examiner within five (5) business days after the services of the Neutral Examiner environment in which law enforcement duties are deemed necessary, the Employer may select the Neutral Examiner from the panel. The Neutral Examiner may make a determination based on the files and records of the City’s and Employee’s respective doctors. In addition, if the Neutral Examiner determines it necessary, the employee shall be directed to submit to an evaluation by the Neutral Examinerperformed. The decision of the Neutral Examiner shall be final and binding on the parties. If the Neutral Examiner determines it necessary, the employee shall submit to an evaluation by the Neutral Examiner. If the Neutral Examiner determines that the employee is not fit for duty, he/she they shall issue a written report to the parties which includes the information specified above. To Notwithstanding the Provisions of Section 31.05, the cost of the Neutral Examiner, to the extent not covered by insurance, the cost of the Neutral Examiner shall be split equally between the City and the UnionFederation. The dispute resolution procedures outlined herein shall not apply to Workers' Compensation cases At such time as cases. The Federation and the Department determines that an employee shall be required to submit to establish a fitness for duty evaluation and/or during the time any controversy concerning the employee's fitness for duty is being resolved, the Department may reassign the employee to other duties or relieve the employee from duty in its sole discretionlist of not less than three qualified Neutral Examiners. In the latter eventevent the services of a Neutral Examiner are required, the employee shall be placed on paid leave of absence status which may be revoked if select the employee fails to fully cooperate with Neutral examiner from the Department established list. To select a Neutral Examiner, each party shall identify and propose a physician or its examining physicians and/or other licensed medical providers.provider meeting the requirements to qualify as a Neutral Examiner. If the parties cannot agree on a Neutral Examiner, the Neutral Examiner shall be chosen by coin flip. CITY PROPOSAL 26: Savings Clause

- Adverse Findings; Appeals. Where it is determined that an employee is not fit for duty, the examining physician shall prepare a written report which includes the following: (a) A specific diagnosis of the employee’s condition and the reasons why such problem renders the employee unfit for duty; (b) A statement as to whether the employee, with reasonable accommodation, is able to perform the essential functions of the job; (c) A specific treatment plan, if any; and (d) A prognosis for recovery and a schedule concerning re-examination. The employee shall sign an appropriate release, if deemed necessary by the examining physician, in order to authorize the doctor to disclose to the Chief the forgoing information. A copy of the examining physician's written report shall be provided to the Chief of the Department and to the employee unless the examining physician or other licensed medical provider documents with reasonable specificity that disclosure of the information in the report is likely to cause harm to the employee or to others. In such cases, the information shall be handled and/or disclosed in a manner consistent with prevailing medical and/or legal authority. In the event the employee disagrees with the determination of the examining physician or other licensed medical provider that he/she is not medically, psychologically, or emotionally fit for duty, the employee may submit medical information from a physician or other licensed medical provider of his/her own choosing. The employee shall be responsible for all costs associated with the second opinion that are not otherwise covered by the employee's medical insurance. Where the employee's physician and the Department's physician have issued conflicting opinions concerning the employee's fitness for duty, the Department and Union shall encourage the two physicians to confer with one another in an effort to resolve their conflicting medical opinions. If they are unable to do so within fifteen (15) calendar days after the date of the second opinion, the dispute concerning the employee's fitness for duty may be submitted by the Union to a neutral examining physician or other licensed medical provider (the “Neutral Examiner”) The Union and the Department shall establish one list of not less than three qualified Neutral Examiners who shall all have expertise regarding psychological or emotional disorders and one list of not less than three qualified Neutral Examiners who shall all have expertise regarding physical illnesses or injuries. All Neutral Examiners shall be qualified to opine as to the employee’s fitness to engage in fire suppression and life safety duties. When the services of a Neutral Examiner become necessary, the referral to the Neutral Examiner must be made within thirty (30) calendar days after the date of the opinion from the employee’s physician or licensed medical provider and the employee shall select the Neutral examiner from the established list. If no such referral is timely made, the determination by the City doctor shall be final and binding. Further, if the employee timely makes the referral but fails to make the selection of the Neutral Examiner within five (5) business days after the services of the Neutral Examiner are deemed necessary, the Employer may select the Neutral Examiner from the panel. The Neutral Examiner may make a determination based on the files and records of the City’s and Employee’s respective doctors. In addition, if the Neutral Examiner determines it necessary, the employee shall be directed to submit to an evaluation by the Neutral Examiner. The decision of the Neutral Examiner shall be final and binding on the parties. If the Neutral Examiner determines that the employee is not fit for duty, he/she shall issue a written report to the parties parties, which includes the information specified above. To the extent not covered by insurance, the cost of the Neutral Examiner shall be split equally between the City and the Union. The dispute resolution procedures outlined herein shall not apply to Workers' Compensation cases At such time as the Department determines that an employee shall be required to submit to a fitness for duty evaluation and/or during the time any controversy concerning the employee's fitness for duty is being resolved, the Department may reassign the employee to other duties or relieve the employee from duty in its sole discretion. In the latter event, the employee shall be placed on paid leave of absence status which may be revoked if the employee fails to fully cooperate with the Department or its examining physicians and/or other licensed medical providers.