Common use of Denial of Payment Clause in Contracts

Denial of Payment. Notwithstanding the foregoing provisions of this section, such payment shall not be made pursuant to this subsection to a Member: (1) who does not apply for or receive temporary disability benefits under the Worker's Compensation Law; (2) whose injury or illness has become permanent; (3) whose injury or illness, although continuing to show improvement, is unlikely to improve sufficiently to permit the Member's return to work in his position; (4) who is retired on permanent disability or pension; (5) whose injury or illness is the result of intentional failure to observe City health or safety regulations or the commission of a criminal offence; (6) whose injury or illness has been aggravated or delayed in healing by reason of the Member's failure to receive medical treatment or follow medical advice, except where such treatment or advice has not been sought or followed by reason of the Member's religious beliefs; and (7) whose injury or illness is a recurrence or re-injury of an earlier job- related injury or illness or is contributed to by a susceptibility or predisposition to such injury.

Denial of Payment. Notwithstanding the foregoing provisions of this section, such payment shall not be made pursuant to this subsection to a Member: (1) who does not apply for or receive temporary disability benefits under the Worker's Compensation Law; (2) whose injury or illness has become permanent; (3) whose injury or illness, although continuing to show improvement, is unlikely to improve sufficiently to permit the Member's return to work in his position; (4) who is retired on permanent disability or pension; (5) whose injury or illness is the result of intentional failure to observe City health or safety regulations or the commission of a criminal offenceoffense; (6) whose injury or illness has been aggravated or delayed in healing by reason of the Member's failure to receive medical treatment or follow medical advice, except where such treatment or advice has not been sought or followed by reason of the Member's religious beliefs; and (7) whose injury or illness is a recurrence or re-injury of an earlier job- related injury or illness or is contributed to by a susceptibility or predisposition to such injury.