Common use of Compensation Cases Clause in Contracts

Compensation Cases. 1. Employees who become ill or injured due to circumstances arising out of and in the course of employment shall file a report of such illness or injury with the District and with the Worker’s Compensation Board. Such report shall be filed within the time, and in the manner, required by the New York State Worker’s Compensation Law. In those instances where an illness or injury is determined by the District, or other forum of competent jurisdiction to be compensable as arising out of and in the course of employment, the District will compensate said employee during the period of such illness or injury up to the amount of his or her full salary. a. The District shall charge to the employee’s accumulated sick leave any time taken because of such illness or injury for which the employee receives his or her regular salary. Such charge to, and deduction from, accumulated sick leave shall be proportionate to, and based upon, the percentage relationship between the employee’s per diem rate and the daily compensation amount. No such pro rata deduction from accumulated sick leave shall be made in the event the compensable absence is the result of bodily or personal injury resulting from an assault upon the employee or because of gross negligence of the District, except where there is contributory negligence on the part of the employee. b. In the event the number of compensation days exhausts the employee’s accumulated sick days in any school year the employee shall continue to receive full salary. Sick days, which may be credited to the employee at the beginning of the next school year, shall not be charged against any compensation days taken during the prior year. c. The District will also pay, in any compensable line of duty injury, all costs of medical expenses incurred as a result of said injury not covered by insurance provided by the terms of this Agreement. In case of an award, or third party settlement, loss of wages and/or medical or other expenses paid to the employee by the District and included in such settlement or award, shall be reimbursed to the District. Any lump sum settlement or award for permanent injury, or damages other than such loss of wages and/or medical or other expenses shall not be transferred to the Board. 2. Employees who are absent from duty with pay pursuant to this paragraph may be required, at the discretion of the Superintendent, to file a medical report with the School Medical Director. When such a report is requested, the Superintendent will make a determination on the basis of said report and the recommendation of the School Medical Director, whether pay shall be continued. In no instance shall payments to an employee for service connected disability exceed those provided under Compensation Law, unless the Superintendent, in his/her sole and exclusive discretion, shall authorize such payments, notwithstanding any determination by any Compensation Board which is at variance with the determination of the Superintendent. 3. Absences due to the communicable diseases which have been ruled by the New York State Worker’s Compensation Board to be compensable shall not be charged against the employee’s accumulated sick leave days, provided that a Worker’s Compensation claim has been filed, proposed, and been accepted by the District. In compensation cases resulting from such illness, the weekly allowance paid the employee under Worker’s Compensation will be transferred to the District.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Compensation Cases. 1. Employees Administrators who become ill or injured due to circumstances arising out of and in the course of employment shall file a report of such illness or injury with the District and with the Worker’s Compensation Board. Such report shall be filed within the time, and in the manner, required by the New York State Worker’s Compensation Law. In those instances where an illness or injury is determined by the District, or other forum of competent jurisdiction jurisdiction, to be compensable as arising out of and in the course of employment, the District will compensate said employee administrator during the period of such illness or injury up to the amount of his or his/her full salary. a. The . In the event an administrator receives a personal injury incurred as a result of an activity necessary to protect the well being of any individual or the property of physical plant of the District, the District will compensate said administrator during the period of such injury up to the amount of his/her full salary. Because the District is self-insured, and, therefore, has no insurance carrier from which to receive the reimbursement to which it would otherwise be entitled under the Worker’s Compensation Law, the District shall charge to the employeeadministrator’s accumulated sick leave any time taken because of such illness or injury for which the employee administrator receives his or his/her regular salarysalary and for which the District would be reimbursed if it were not self-insured. Such charge to, to and deduction from, accumulated sick leave shall be proportionate to, and based upon, the percentage relationship between the employee’s per diem rate and the daily compensation amount. No such pro rata deduction from accumulated sick leave shall be made in the event the compensable absence is the result amount of bodily or personal injury resulting from an assault upon the employee or because of gross negligence of the District, except where there is contributory negligence on the part of the employee. b. In the event the number of compensation days exhausts the employee’s accumulated sick days in any school year the employee shall continue to receive full salary. Sick days, which may be credited to the employee at the beginning of the next school year, shall not be charged against any compensation days taken during the prior year. c. The District will also pay, in any compensable line of duty injury, all costs of medical expenses incurred as a result of said injury not covered by insurance provided by the terms of this Agreement. In case of an award, or third party settlement, loss of wages and/or medical or other expenses paid to the employee by reimbursement the District and included in such settlement or award, shall be reimbursed to the District. Any lump sum settlement or award for permanent injury, or damages other than such loss of wages and/or medical or other expenses shall would receive if not be transferred to the Boardself-insured. 2. Employees Administrators who are absent from duty with pay pursuant to this paragraph Paragraph may be required, at the discretion of the Superintendent, to file a medical report with the School Medical DirectorDirector of Health Services. When such a report is requested, the Superintendent will make a determination on the basis of said report report, and the recommendation of the School Medical DirectorDirector of Health Services, whether pay shall be continued. In no instance shall Except as expressly modified herein, payments to an employee administrator for service connected disability illness or injury arising out of and in the course of employment shall not exceed those provided under Compensation Law, Law unless the Superintendent, in at his/her sole and exclusive discretion, shall authorize such payments, notwithstanding any determination by any Compensation Board which is at variance with the determination of the Superintendent. 3. Absences due Instead of accepting full sick leave pay during such disability period, the administrator shall have the option to accept compensation benefits at the communicable diseases which have been ruled by statutory rate only. 4. The parties agree to study the issues of Worker’s Compensation, Sick Leave, New York State Worker’s Compensation Board to Disability Insurance and other statutory programs for the purpose of developing a more cost effective method of providing such benefits. Should any changes be compensable agreed upon during the term of this Agreement, they shall not be charged against the employee’s accumulated sick leave days, provided that a Worker’s Compensation claim has been filed, proposed, and been accepted by the District. In compensation cases resulting from such illness, the weekly allowance paid the employee under Worker’s Compensation will be transferred to the Districtimplemented expeditiously.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Compensation Cases. 1. Employees Administrators who become ill or injured due to circumstances arising out of and in the course of employment shall file a report of such illness or injury with the District and with the Worker’s Compensation Board. Such report shall be filed within the time, and in the manner, required by the New York State Worker’s Compensation Law. In those instances where an illness or injury is determined by the District, or other forum of competent jurisdiction jurisdiction, to be compensable as arising out of and in the course of employment, the District will compensate said employee administrator during the period of such illness or injury up to the amount of his or his/her full salary. a. The . In the event an administrator receives a personal injury incurred as a result of an activity necessary to protect the well-being of any individual or the property of physical plant of the District, the District will compensate said administrator during the period of such injury up to the amount of his/her full salary. Because the District is self-insured, and, therefore, has no insurance carrier from which to receive the reimbursement to which it would otherwise be entitled under the Worker’s Compensation Law, the District shall charge to the employeeadministrator’s accumulated sick leave any time taken because of such illness or injury for which the employee administrator receives his or his/her regular salarysalary and for which the District would be reimbursed if it were not self-insured. Such charge to, to and deduction from, accumulated sick leave shall be proportionate to, and based upon, the percentage relationship between the employee’s per diem rate and the daily compensation amount. No such pro rata deduction from accumulated sick leave shall be made in the event the compensable absence is the result amount of bodily or personal injury resulting from an assault upon the employee or because of gross negligence of the District, except where there is contributory negligence on the part of the employee. b. In the event the number of compensation days exhausts the employee’s accumulated sick days in any school year the employee shall continue to receive full salary. Sick days, which may be credited to the employee at the beginning of the next school year, shall not be charged against any compensation days taken during the prior year. c. The District will also pay, in any compensable line of duty injury, all costs of medical expenses incurred as a result of said injury not covered by insurance provided by the terms of this Agreement. In case of an award, or third party settlement, loss of wages and/or medical or other expenses paid to the employee by reimbursement the District and included in such settlement or award, shall be reimbursed to the District. Any lump sum settlement or award for permanent injury, or damages other than such loss of wages and/or medical or other expenses shall would receive if not be transferred to the Boardself-insured. 2. Employees Administrators who are absent from duty with pay pursuant to this paragraph Paragraph may be required, at the discretion of the Superintendent, to file a medical report with the School Medical DirectorDirector of Health Services. When such a report is requested, the Superintendent will make a determination on the basis of said report report, and the recommendation of the School Medical DirectorDirector of Health Services, whether pay shall be continued. In no instance shall Except as expressly modified herein, payments to an employee administrator for service connected disability illness or injury arising out of and in the course of employment shall not exceed those provided under Compensation Law, Law unless the Superintendent, in at his/her sole and exclusive discretion, shall authorize such payments, notwithstanding any determination by any Compensation Board which is at variance with the determination of the Superintendent. 3. Absences due to the communicable diseases which have been ruled by the New York State Worker’s Compensation Board to be compensable shall not be charged against the employee’s accumulated Instead of accepting full sick leave days, provided that a Worker’s Compensation claim has been filed, proposed, and been accepted by the District. In compensation cases resulting from pay during such illnessdisability period, the weekly allowance paid administrator shall have the employee under Worker’s Compensation will be transferred option to accept compensation benefits at the Districtstatutory rate only.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Compensation Cases. 1. Employees who become ill or injured due to circumstances arising out of and in the course of employment shall file a report of such illness or injury with the District and with the Worker’s Compensation Board. Such report shall be filed within the time, and in the manner, required by the New York State Worker’s Compensation Law. In those instances where an illness or injury is determined by the District, or other forum of competent jurisdiction to be compensable as arising out of and in the course of employment, the District will compensate said employee during the period of such illness or injury up to the amount of his or her full salary. a. The District shall charge to the employee’s accumulated sick leave any time taken because of such illness or injury for which the employee receives his or her regular salary. Such charge to, and deduction from, accumulated sick leave shall be proportionate to, and based upon, the percentage relationship between the employee’s per diem rate and the daily compensation amount. No such pro rata deduction from accumulated sick leave shall be made in the event the compensable absence is the result of bodily or personal injury resulting from an assault upon the employee or because of gross negligence of the District, except where there is contributory negligence on the part of the employee. b. In the event the number of compensation days exhausts the employee’s accumulated sick days in any school year the employee shall continue to receive full salary. Sick days, which may be credited to the employee at the beginning of the next school year, shall not be charged against any compensation days taken during the prior year. c. The District will also pay, in any compensable line of duty injury, all costs of medical expenses incurred as a result of said injury not covered by insurance provided by the terms of this Agreement. In case of an award, or third party settlement, loss of wages and/or medical or other expenses paid to the employee by the District and included in such settlement or award, shall be reimbursed to the District. Any lump sum settlement or award for permanent injury, or damages other than such loss of wages and/or medical or other expenses shall not be transferred to the Board. 2. Employees who are absent from duty with pay pursuant to this paragraph may be required, at the discretion of the Superintendent, to file a medical report with the School Medical Director. When such a report is requested, the Superintendent will make a determination on the basis of said report and the recommendation of the School Medical Director, whether pay shall be continued. In no instance shall payments to an employee for service connected disability exceed those provided under Compensation Law, unless the Superintendent, in his/her sole and exclusive discretion, shall authorize such payments, notwithstanding not withstanding any determination by any Compensation Board which is at variance with the determination of the Superintendent. 3. Absences due to the communicable diseases which have been ruled by the New York State Worker’s Compensation Board to be compensable shall not be charged against the employee’s accumulated sick leave days, provided that a Worker’s Compensation claim has been filed, proposed, and been accepted by the District. In compensation cases resulting from such illness, the weekly allowance paid the employee under Worker’s Compensation will be transferred to the District.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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