Determination of Disability. Any question as to the existence of a physical or mental condition which would give rise to the Disability of the Executive upon which the Executive and the Corporation cannot agree will be determined by a qualified independent physician selected by the Executive and reasonably acceptable to the Corporation (or, if the Executive is unable to make a selection, the selection of the physician will be made by any adult member of his immediate family). The physician’s written determination to the Corporation and to the Executive will be final and conclusive for all purposes of this Agreement.
Determination of Disability. With respect to the Executive, the terms “Disabled,” “Disability” or any word or phrase of similar import shall mean the inability of the Executive to perform the essential functions of the Executive’s then-existing position hereunder on a full-time basis by reason of physical or mental incapacity, sickness or infirmity that continues for more than 180 days or for periods aggregating 180 days during any period of 365 consecutive days. If any question shall arise as to whether during any period the Executive is Disabled with or without reasonable accommodation, the Executive may, and at the request of the Parent, shall, submit to the Parent a certification in reasonable detail by a physician selected by the Parent to whom the Executive or the Executive’s guardian has no reasonable objection as to whether the Executive is so Disabled and/or the period of time for which such Disability is expected to continue, and, for the purposes of this Agreement, any such certification shall be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such a question shall arise and the Executive shall fail to submit such certification, the Parent’s determination of such issue shall be binding on the Executive. Nothing in this Section 5 shall be construed to waive the Executive’s rights, if any, under the Family and Medical Leave Act of 1993, as amended, and/or the Americans with Disabilities Act, as amended, or other applicable federal, state, or local law.
Determination of Disability. For purposes of this Agreement, if at any time a question arises as to the disability of Executive, then the Company and Executive shall agree on one physician who is a member of the American Medical Association to examine Executive and determine if his physical and/or mental condition is such as to render him incapable of performing the usual duties of his employment with the Company. If the Company and Executive fail to agree on such physician, then each shall select a physician and the two so selected shall select a third such physician to make such examination and determination.
Determination of Disability. Any question as to the existence of the disability of the Executive as to which the Executive and the Company cannot agree shall be determined in writing by a qualified independent physician mutually acceptable to the Executive and the Company. If the Executive and the Company cannot agree as to a qualified independent physician, each shall appoint such a Physician and those two physicians shall select a third who shall make such determination in writing. The determination of disability made in writing to the Company and the Executive shall be final and conclusive for all purposes of the Agreement. Notwithstanding the forgoing, the receipt of long-term disability benefits by the Executive shall constitute conclusive proof of the Executive's disability for purposes of this Agreement.
Determination of Disability. The Plan Administrator shall require a Participant to establish that he or she is disabled in order to obtain a distribution under the Plan by reason of such Disability. The Adoption Agreement shall specify the evidence which a Participant shall be required to provide to the Plan Administrator in order to establish Disability. The Adoption Agreement shall specify which of the following shall apply:
Determination of Disability. A Participant's disability as described in Section 17.9 (a) shall be determined through examinations by two physicians, one of whom shall be selected by the Participant and one of whom shall be selected by the Employer. If the two physicians selected do not concur in the determination of the Participant's disability or non-disability, then a third physician acceptable to both parties will be appointed and his/her decision shall be final and binding.
Determination of Disability. Employee's physician, at the Company's request, shall determine, according to the facts then available to him, whether Disability has occurred and is continuing. Such determination shall be made in good faith and not arbitrarily or unreasonably made. The Board may request the opinion of a reputable and qualified physician mutually acceptable to Employee and the Company to examine Employee for the purpose of determining whether Employee is in fact disabled. The fees of such physician, as well as any other expenses related to such physician's examination of Employee, shall be paid by the Company. Employee shall be given written notice of the intent of the Company to make such request and Employee shall be provided with sufficient time to respond thereto. In the event Employee's physician and the mutually agreed upon physician do not concur, Employee shall have the right to request the appointment of a mutually agreeable third physician who shall consult with the other two physicians and make a final binding determination with respect to Employee's Disability.
Determination of Disability. Disputes as to whether an employee is "totally disabled" and "permanently disabled" shall be finally resolved by a Physician selected by the Union and the County, and shall not be submitted to the grievance and arbitration procedure established in Article 14 of this Agreement. Disputes over procedural, non-medical aspects of these determinations shall be finally resolved by the Fire Rescue Administrator and shall not be subject to grievance and arbitration in accordance with this Collective Bargaining Agreement.
Determination of Disability. Employee shall be deemed to be disabled for purposes of this Agreement on such date as: (i) Employee is eligible for and receiving disability benefits under any disability insurance policy; (ii) Employee is eligible for and receiving disability benefits under the Social Security Act; or (iii) the Company, in the sole and absolute discretion of the Board of Directors of the Company, determines that Employee is disabled (for this purpose, the Company may rely on the opinion of one or more licensed physicians).
Determination of Disability. Totally Disabled" shall mean the inability by reason of a physical or mental condition, or both, of the Disabled Employee to perform satisfactorily his usual duties for the Corporation, as determined by the Board. The Total Disability shall be deemed to have commenced on the date of the determination by the Board.
