Common use of INJURY IN THE COURSE OF EMPLOYMENT Clause in Contracts

INJURY IN THE COURSE OF EMPLOYMENT. 1. If an employee, because of injury sustained in the course of and arising out of the employee’s employment by the District, is receiving weekly total incapacity compensation benefits under Chapter 152 of the General laws of the Commonwealth of Massachusetts (Workers’ Compensation Act), the District shall pay to such employee each pay period, so long as such employee is receiving such benefits, an amount equal to the difference between the employee’s salary at the time of such injury and amount of weekly indemnity being received by the employee. The total amount payable under this article because of any one injury shall not exceed an amount obtained by multiplying the number of such employee’s accumulated sick leave days by such employee’s per diem rate. (Total amount payable = number of employee’s accumulated sick days x employee’s per diem rate.) The number of accumulated sick leave days available to the employee shall be reduced by an amount equal to the total sum paid to the employee under this article divided by the employee’s per diem rate. (Number that accumulated sick days is to be reduced by = total sum paid to employee divided by employee’s per diem rate.) This method of calculation results in only a part of a sick day being used for each day an employee receives workers’ compensation until all sick days have been utilized. The part of the sick day used is equal to the proportional amount of pay provided by the District. For example, if the per diem of the employee is $200 and workers’ compensation pays $150 then the Berkshire Hills Regional School District pays the remaining $50. Thus only .25 of a sick day is used and the employee still has .75 of that sick day available. 2. If the injury of an employee comes within the purview of both this Article and Article XIII, it shall be deemed to come within the purview of this Article and such employee shall not be paid any benefits pursuant to Article XIII for such illness or injury except as is provided in the preceding paragraph.

INJURY IN THE COURSE OF EMPLOYMENT. 1. If an employee, because of injury sustained in the course of and arising out of the employee’s employment by the District, is receiving weekly total incapacity compensation benefits under M.G.L. Chapter 152 of the General laws of the Commonwealth of Massachusetts (Workers’ Compensation Act), the District shall pay to such employee each pay period, period so long as such employee is receiving such benefits, benefits an amount equal to the difference between the employee’s salary at the time of such injury and amount of weekly indemnity being received by the employee. The total amount payable under this article because of any one injury shall not exceed an amount obtained by multiplying the number of such employee’s accumulated sick leave days by such employee’s per diem rate. (Total amount payable = number of employee’s accumulated sick days x employee’s per diem rate.) The number of accumulated sick leave days available to the employee shall be reduced by an amount equal to the total sum paid to the employee under this article divided by the employee’s per diem rate. (Number that accumulated sick days is to be reduced by = total sum paid to employee divided by employee’s per diem rate.) This method of calculation results in only a part of a sick day being used for each day an employee receives workers’ compensation until all sick days have been utilized. The part of the sick day used is equal to the proportional amount of pay provided by the District. For example, if the per diem of the employee is $200 and workers’ compensation pays $150 then the Berkshire Hills Regional School District pays the remaining $50. Thus only .25 of a sick day is used and the employee still has .75 of that sick day available. 2. If the injury of an employee comes within the purview of both this Article and Article XIII, it shall be deemed to come within the purview of this Article and such employee shall not be paid any benefits pursuant to Article XIII for such illness or injury except as is provided in the preceding paragraph.