Income Continuance Recovery. The Employer is subrogated to the rights of a member who has received sick leave payments pursuant to Section 8.5 of this Collective Agreement, against any third party liable to that member for damages, and may bring an action against a third party in the member's name to recover the wages and/or benefits paid or payable by the Employer. A member is required to notify the Employer and the Association of any illness or injury that occurs to that member that was caused in whole or in part by a third party and which results in the member using any sick leave or benefits. This notification must be made to the Chief Constable or designate immediately following the incident giving rise to the illness or injury. The member will not enter any agreement for payment of legal fees relating to the wage or benefit portion of a claim for damages without the prior written consent of the Chief Constable or designate. Where a claim for damages is made to the courts, the member or their representative will request the presiding judge, or judge and jury, to specify the amount of any award plus interest which is attributable to recovery of wages and benefits. Where a claim for damages is made and the claim is settled without trial, the member or their representative must set out the amount of the settlement which is attributable to wages and benefits. Where a member or their representative is settling the claim and the settlement with respect to the wages and benefits portion of the claim is for an amount less than the total amount paid by the Employer for wages and benefits, the member or their representative must receive the prior written consent of the Chief Constable or designate to enter into a settlement for wages and benefits. Upon reimbursement of the wages and/or benefits, the Employer will reimburse the Sick Leave Plan the amount of money paid out of the Plan in proportion to the total amount of money the member reimburses the Employer for wage loss and/or benefits. This provision includes actions or claims made to ICBC.
Income Continuance Recovery. The Employer is subrogated to the rights of a member who has received sick leave payments pursuant to Section 8.5 of this Collective Agreement, against any third party liable to that member for damages, and may bring an action against a third party in the member's name to recover the wages and/or benefits paid or payable by the Employer. The member shall not enter any agreement for payment of legal fees relating to the wage or benefit portion of a claim for damages without the prior written consent of the Chief Constable. Where a claim for damages is made to the courts, the member or their representative shall request the presiding judge, or judge and jury, to specify the amount of any award plus interest which is attributable to recovery of wages and benefits. Upon reimbursement of the wages and/or benefits, the Employer shall reimburse the Sick Leave Plan the amount of money paid out of the Plan in proportion to the total amount of money the member reimburses the Employer for wage loss and/or benefits. This provision includes actions or claims made to ICBC.
