Common use of Assault Clause in Contracts

Assault. a. Whenever a teacher is absent from school as a result of personal injury due to assault arising out of and in the course of his employment, he shall be paid full salary for the period of such absence or the balance of the fiscal year whichever is shorter, if approved by the Board as provided for in Florida Statutes 1012.63(1)(2), without having such absence charged to sick leave. b. Any amount of salary payable pursuant to this section shall be reduced by the amount of Workers' Compensation award for temporary disability due to said assault injury for the period for which such salary is paid. c. The Board shall have the right to have the teacher examined by a physician designated by the Board for the purpose of establishing the length of time during which the teacher is temporarily unable to perform his duties. In the event that there is no adjudication in the appropriate Workers' Compensation proceeding for the period of temporary disability, the opinion of the physician as to the period of disability shall prevail. The teacher retains the right to obtain a second opinion which will be considered by the Board. d. If a teacher pursues civil action, he should include loss of time, and in the event such action results in award of damages by agreement or adjudication, the Board shall be reimbursed in the amount of salary which is received in the damage settlement. Attorney's fees and expenses of collection of damages shall be prorated between the teacher and the Board on the basis of the amount distributed to each. The Board shall be subrogated to the right of action of such teacher against any person legally responsible for such damages.

Assault. a. Whenever a teacher is absent from school as a result of personal injury due to assault arising out of and in the course of his employment, he shall be paid full salary for the period of such absence or the balance of the fiscal year whichever is shorter, if approved by the Board as provided for in Florida Statutes 1012.63(1)(2), without having such absence charged to sick leave. b. Any amount of salary payable pursuant to this section shall be reduced by the amount of Workers' Compensation award for temporary disability due to said assault injury for the period for which such salary is paid. c. The Board shall have the right to have the teacher examined by a physician designated by the Board for the purpose of establishing the length of time during which the teacher is temporarily unable to perform his duties. In the event that there is no adjudication in the appropriate Workers' Compensation proceeding for the period of temporary disability, the opinion of the physician as to the period of disability shall prevail. The teacher retains the right to obtain a second opinion which will be considered by the Board. d. If a teacher pursues civil action, he should include loss of time, and in the event such action results in award of damages by agreement or adjudication, the Board shall be reimbursed in the amount of salary which is received in the damage settlement. Attorney's fees and expenses of collection of damages shall be prorated between the teacher and the Board on the basis of the amount distributed to each. The Board shall be subrogated to the right of action of such teacher against any person legally responsible for such damages.damages.‌

Assault. a. Whenever a teacher is absent from school as a result of personal injury due to assault arising out of and in the course of his employment, he shall be paid full salary for the period of such absence or the balance of the fiscal year whichever is shorter, if approved by the Board as provided for in Florida Statutes 1012.63(1)(2231.41 (1)(2), without having such absence charged to sick leave. b. Any amount of salary payable pursuant to this section shall be reduced by the amount of Workers' Compensation award for temporary disability due to said assault injury for the period for which such salary is paid. c. The Board shall have the right to have the teacher examined by a physician designated by the Board for the purpose of establishing the length of time during which the teacher is temporarily unable to perform his duties. In the event that there is no adjudication in the appropriate Workers' Compensation proceeding for the period of temporary disability, the opinion of the physician as to the period of disability shall prevail. The teacher retains the right to obtain a second opinion which will be considered by the Board. d. If a teacher pursues civil action, he should include loss of time, and in the event such action results in award of damages by agreement or adjudication, the Board shall be reimbursed in the amount of salary which is received in the damage settlement. Attorney's fees and expenses of collection of damages shall be prorated between the teacher and the Board on the basis of the amount distributed to each. The Board shall be subrogated to the right of action of such teacher against any person legally responsible for such damages.