Common use of Industrial Accident and Illness Leave (Workers’ Compensation) Clause in Contracts

Industrial Accident and Illness Leave (Workers’ Compensation). A bargaining unit worker who is employed by the District in the classified service shall also be provided with (a) industrial accident and illness leave and (b) worker’s compensation benefits in accordance with the provisions set forth in this section. 8.9.1 Leaves resulting from an industrial accident or illness shall be granted in accordance with the provisions of the Education Code and this Section. Up to sixty (60) working days per accident in any fiscal year or up to sixty (60) days per accident if the leave overlaps into a new fiscal year, shall be granted to the eligible worker who is absent from work due to injury or illness which “arises out of” or is “caused out of” the worker’s employment, as those phrases are defined by the California State Labor Code or may be interpreted by the state Workers’ Compensation Appeals Board. 8.9.2 The District’s worker compensation insurance carrier or adjusting agent, as appropriate, shall determine initial eligibility for benefits contained in this section by determination of the worker’s eligibility for worker compensation benefits. If applicable, final determination of eligibility, only, shall be made by a State Worker’ Compensation Appeals Board hearing decision. Therefore, determination eligibility for benefits under this section shall be exempt from the provisions of Article 20, “Grievance Procedure,” of this Agreement. If Industrial Accident benefits are denied by the District’s agent pursuant to a denial of workers’ compensation benefits, and such denial is subsequently reversed by a State Worker Compensation Appeals Board hearing decision, the worker will receive Industrial Accident and Illness benefits retroactively. 8.9.3 Eligibility for this benefit is limited to workers who have accumulated one (1) year continuous employment with the District.

Appears in 3 contracts

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

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Industrial Accident and Illness Leave (Workers’ Compensation). A bargaining unit worker who is employed by the District in the classified service shall also be provided with (a) industrial accident and illness leave and (b) worker’s compensation benefits in accordance with the provisions set forth in this section. 8.9.1 Leaves resulting from an industrial accident or illness shall be granted in accordance with the provisions of the Education Code and this Section. Up to sixty (60) working days per accident in any fiscal year or up to sixty (60) days per accident if the leave overlaps into a new fiscal year, shall be granted to the eligible worker who is absent from work due to injury or illness which “arises out of” or is “caused out of” the worker’s employment, as those phrases are defined by the California State Labor Code or may be interpreted by the state Workers’ Compensation Appeals Board. 8.9.2 The District’s worker compensation insurance carrier or adjusting agent, as appropriate, shall determine initial eligibility for benefits contained in this section by determination of the worker’s eligibility for worker compensation benefits. If applicable, final determination of eligibility, only, shall be made by a State Worker’ Compensation Appeals Board hearing decision. Therefore, determination eligibility for benefits under this section shall be exempt from the provisions of Article 20, “Grievance Procedure,” of this Agreement. If Industrial Accident benefits are denied by the District’s agent pursuant to a denial of workers’ compensation benefits, and such denial is subsequently reversed by a State Worker Compensation Appeals Board hearing decision, the worker will receive Industrial Accident and Illness benefits retroactively. 8.9.3 Eligibility for this benefit is limited to workers who have accumulated one (1) year continuous employment with the District.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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