Common use of Compensation Law Clause in Contracts

Compensation Law. In those instances where an illness or injury is determined by the District, or other form of competent jurisdiction, to be compensable as arising out of and in the course of employment, the employee will be allowed to use accumulated sick leave during the period of such illness or injury unless he or she notifies the District, in writing, no later than five (5) days after such illness or injury, that he or she has elected to receive only the amount to which he/she is entitled pursuant to the Workers’ Compensation Law, and not utilize accumulated sick days in addition thereto. 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 Workers’ Compensation Law, the District (unless the employee gives notice to the contrary as set forth in the preceding sentence) 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 and for which the District would not be reimbursed if it were not self-insured. Such charge to, and deduction from, accumulated sick leave shall be proportionate to, and based upon, the amount for which the District would not be reimbursed if not self-insured.

Compensation Law. In those instances where an illness or injury is determined by the District, or other form forum of competent jurisdiction, jurisdiction to be compensable as arising out of and in the course of employment, the employee will be allowed to use accumulated sick leave compensated as set forth in (A) above during the period of such illness or injury unless he or she notifies the District, District in writing, writing no later than five (5) days after such illness or injury, that he or she has elected to receive only the amount to which he/he or she is entitled pursuant to the Workers’ Compensation Law, and not utilize accumulated sick days in addition thereto. The procedure for notification to the District regarding this choice is completion of the Workers’ Compensation Law Benefits in Lieu of Regular Salary Form, available through the Payroll office. 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 Workers’ Compensation Law, the District (unless the employee gives notice to the contrary as set forth in the preceding sentence) 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 and for which the District would not be reimbursed if it were not self-insured. Such charge to, and deduction from, accumulated sick leave shall be proportionate to, and based upon, upon the amount for which the District would not be reimbursed if not self-insured.