Common use of INJURY LEAVE Clause in Contracts

INJURY LEAVE. 22.01 When an employee is injured in the line of duty, he shall be eligible for a paid leave not to exceed ninety (90) calendar days per incident. In order to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 When Leave with pay shall be granted to permanent employees for injuries occurring while on the job if such injuries arise out of the scope of employment, in accordance with the following: A. All permanent employees shall be allowed injury leave with pay for a period not to exceed twelve (12) calendar months from the date of a service- connected injury, provided such injury is immediately reported to the employee's supervisor subject to the provisions of this section. B. Compensation during the injury leave shall be his regular pay less any pay from disability or workers' compensation, but he will be fully compensated during the waiting period. A decision of the Bureau of Workers' Compensation that an injury or disability is compensable is not controlling on the City Physician. C. Injury leave with pay shall be granted to an employee only for injuries or other disabilities determined by the City Physician as caused or induced by the actual performance of the duties of his position. The decision of the City Physician shall be based upon his best professional judgment and shall be final. A denial of injury leave on the basis of the determination of the City Physician shall not be subject to the grievance procedure, nor can such decision be appealed to the courts. D. If, in the judgment of the City Physician, the injury is such that the employee is capable of performing his regular duties or light duties during the period of convalescence, he shall so notify the City Manager in writing and deny injury leave with pay. Whenever an employee is injured in the line required to stop working because of dutyan injury or other service connected disability, he shall be eligible paid for the remaining hours of that day, or shift, at his regular rate and such time shall not be charged to leave of any kind. E. Pending a paid decision by the City Physician, an injured employee may be carried on personal sick leave with pay which shall be restored to his credit upon certification by the City Physician that injury leave has been approved. F. Time off for the purpose of medical examinations and/or treatments resulting from injury on the job shall be charged to injury leave. G. The provisions of this section shall not apply to exceed ninety intentional self-inflicted injury or injuries caused by an employee's own negligence or horseplay. H. An employee shall be permitted to use accumulated sick leave during any period of illness or disability which extends beyond the twelve (9012) calendar days per incident. In order to be eligible for months of injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 When A. An employee who suffers an employee is injured on-the-job injury from an identifiable incident that occurred in the line course of dutythe performance of his or her official duties within the scope of his or her employment with the Municipality, he shall be eligible and who is off work due to said injury for a paid leave continuous period of fifteen (15) calendar days, will be compensated at his or her regular rate of pay at the time of the injury in lieu of the employee's income from disability benefits from Workers' Compensation or any other state source, for a period of time not to exceed ninety one hundred and twenty (90120) calendar days per incidentfrom the date of injury, provided the employee is diagnosed and treated by a doctor on a preferred provider lists of workers’ compensation doctors approved by the Municipality. In order to be eligible After the employee has been off work for injury leavea period of fifteen (15) continuous days, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disabilityreceive his or her regular pay retroactive to the third (3rd) workday of the period of continuous absence. Two (2) workdays of this period shall be charged against the employee's sick leave balance, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation remaining workdays for lost wages to a maximum of ninety days or the amount of which injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits is due shall be recredited to the employee's sick leave account. B. An employee claiming the right to receive, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the or who is receiving injury leave received through reduction compensation, may be required by the employer, from time to time, to submit to a medical examination by a physician selected by the employer for the purpose of all accrued leaves, current or futuredetermining any questions regarding eligibility for and the duration of injury leave. 22.02 If at the end C. Notwithstanding any other provisions of this ninety (90) calendar day period the Agreement, an employee on injury leave who is still disabled, the leave unable to perform his or her regularly assigned duties may, at the Employers sole discretiondiscretion of the employer, be extended for additional ninety (90) calendar day periodsassigned other duties not requiring great physical exertion in lieu of injury leave compensation, or parts thereofprovided such work is available and the employer's physician releases the employee to return to work under such conditions. 22.03 D. The Employer employer shall have the right to require demand proof of all items listed above regarding injury leave. Falsification of any information with respect to any paid leave, including injury leave, shall be grounds for discharge. E. The City will continue its portion of premium payments on medical, surgical and life insurance benefits during any period of ILWP. The Municipality will pay its portion of premiums for hospitalization, surgical, major medical and life insurance for a period not to exceed six (6) months beyond the expiration of the respective employee's accumulated sick leave. F. Seniority shall continue to accrue during any period of approved leave. G. An employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that on ILWP will be eligible for routine merit and/or negotiated wage increases which otherwise are effective while the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equallyon ILWP. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 19.01 When an employee is injured in the line of duty, he shall be eligible for a paid leave not to exceed ninety (90) calendar days per incident. In order to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety (90) days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. The ninety (90) day provision contained in this Article is cumulative for the duration of this Agreement in regard to the injury, i.e., successive "injuries" to the same body part(s) shall not constitute separate injuries. 22.02 19.02 If at the end of this ninety (90) calendar day period period, the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 19.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, not and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 19.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 19.05 All employees are subject to the City's Transitional Work Program Policypolicy.

INJURY LEAVE. 22.01 When A. An employee who suffers an employee is injured on-the-job injury from an identifiable incident that occurred in the line course of dutythe performance of his or her official duties within the scope of his or her employment with the Employer, he shall be eligible and who is off work due to said injury for a paid leave continuous period of fifteen (15) calendar days, will be compensated at his or her regular rate of pay at the time of the injury in lieu of the employee’s income from disability benefits from Workers’ Compensation or any other state source, for a period of time not to exceed ninety one hundred and twenty (90120) calendar days per incidentfrom the date of injury, provided the employee is diagnosed and treated by a doctor on a preferred provider list of workers’ compensation doctors approved by the Municipality. In order to be eligible After the employee has been off work for injury leavea period of fifteen (15) continuous days, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning receive his or her regular pay retroactive to the City all sums received by third (3rd) work day of the employee from Workers Compensation period of continuous absence. Two (2) work days of this period shall be charged against the employee’s sick leave balance and the remaining work days for lost wages to a maximum of ninety days or the amount of which injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits is due shall be recredited to the employee’s sick leave account. B. An employee claiming the right to receive, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the or who is receiving injury leave received through reduction compensation, may be required by the Employer, from time to time, to submit to a medical examination by a physician selected by the Employer for the purpose of all accrued leaves, current or futuredetermining any questions regarding eligibility for and the duration of injury leave. 22.02 If at the end C. Notwithstanding any other provisions of this ninety (90) calendar day period the Agreement, an employee on injury leave who is still disabled, the leave unable to perform his or her regularly assigned duties may, at the Employers sole discretiondiscretion of the Employer, be extended for additional ninety (90) calendar day periodsassigned other duties not requiring great physical exertion in lieu of injury leave compensation, or parts thereofprovided such work is available and the Employer’s physician releases the employee to return to work under such conditions. 22.03 D. The Employer shall have the right to require the employee demand proof of all items listed above regarding injury leave. Falsification of any information with respect to have a physical exam by a physician appointed any paid leave, including injury leave, shall be grounds for discharge. E. The City will continue premium payments on medical, surgical and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving life insurance benefits during any benefits under this articleperiod of ILWP. The designated physician's opinion Municipality will pay premiums for hospitalization, surgical, major medical and life insurance for a period not to exceed six (6) months beyond the expiration of the respective employee’s accumulated sick leave. F. Seniority shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the continue to accrue during any period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equallyapproved leave. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 When Section 16.1. Leave with pay shall be granted to permanent Employees for injuries occurring while on the job if such injuries arise out of the scope of employment, in accordance with the following: (a) All permanent Employees shall be allowed injury leave with pay not to exceed six (6) calendar months for a service connected injury provided such injury is reported to the Employee's supervisor subject to the provisions of this section. The City Manager shall have the discretion to extend injury leave on a month-to-month basis for an employee additional six (6) months if an Employee is injured hospitalized or otherwise institutionalized as a result of the injury. (b) Compensation during the injury leave shall be his regular pay less any pay from disability or xxxxxxx'x compensation, but he will be fully compensated during the waiting period. (c) Injury leave with pay shall be granted to an Employee only for injuries or other disabilities determined by the City Physician as caused or induced by the actual performance of the duties of his position. The decision of the City Physician shall be based upon his best professional judgment and shall be final. (d) If, in the line judgment of dutythe City Physician, the injury is such that the Employee is capable of performing his regular duties or light duties during the period of convalescence, he shall so notify the City Manager in writing and deny injury leave with pay. Whenever an Employee is required to stop working because of an injury or other service connected disability, he shall be eligible paid for the remaining hours of that day, or shift, at his regular rate and such time shall not be charged to leave of any kind. (e) Pending a paid decision by the City Physician, an injured Employee may be carried on personal sick leave not with pay which shall be restored to exceed ninety his credit upon certification by the City Physician that injury leave has been approved. (90f) calendar days per incident. In order Time off for the purpose of medical examinations and/or treatments resulting from injury on the job shall be charged to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end (g) The provisions of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but section shall not govern whether the Employer shall extend the period of leave apply to intentional self-inflicted injury or if the injury was duty related. If there is a conflict between the employeeinjuries caused by an Employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equallyown negligence or horseplay. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 When Leave with pay shall be granted to permanent Employees for injuries occurring while on the job if such injuries arise out of the scope of employment, in accordance with the following: a) All permanent Employees shall be allowed injury leave with pay for a period not to exceed six (6) calendar months from the date of a service-connected injury, provided such injury is immediately reported to the Employee's supervisor subject to the provisions of this section. If an employee injury arises out of prisoner contact, injury leave shall be extended to twelve (12) calendar months from the date of the injury. b) Compensation during the injury leave shall be his regular pay less any pay from disability or workers' compensation, but he will be fully compensated during the waiting period. A decision of the Bureau of Workers' Compensation that an injury or disability is injured compensable is not controlling on the City Physician. c) Injury leave with pay shall be granted to an Employee only for injuries or other disabilities determined by the City Physician as caused or induced by the actual performance of the duties of his position. The decision of the City Physician shall be based upon his best professional judgment and shall be final. A denial of injury leave on the basis of the determination of the City Physician shall not be subject to the grievance procedure, nor can such decision be appealed to the courts. d) If, in the line judgment of dutythe City Physician, the injury is such that the Employee is capable of performing his regular duties or light duties during the period of convalescence, he shall so notify the City Manager in writing and deny injury leave with pay. Whenever an Employee is required to stop working because of an injury or other service connected disability, he shall be eligible paid for the remaining hours of that day, or shift, at his regular rate and such time shall not be charged to leave of any kind. e) Pending a paid decision by the City Physician, an injured Employee may be carried on personal sick leave not with pay which shall be restored to exceed ninety (90his credit upon certification by the City Physician that injury leave has been approved. f) calendar days per incident. In order Time off for the purpose of medical examinations and/or treatments resulting from injury on the job shall be charged to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end g) The provisions of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but section shall not govern whether the Employer shall extend the period of leave apply to intentional self-inflicted injury or if the injury was duty related. If there is a conflict between the employeeinjuries caused by an Employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equallyown negligence or horseplay. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 When an If any employee is injured incapacitated and unable to work because of any injury sustained in the line performance of dutyhis/her police duties, he as evidenced by certificate of a City-designated physician or other physician acceptable to the City, he/she shall be eligible granted in addition to his/her annual sick leave with pay or any accumulations thereof, leave of absence with pay for a paid leave not to exceed ninety (90) period of 365 calendar days per incident. In order to or so much thereof as may be eligible for injury leaverequired, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received as evidenced by the employee from Workers Compensation for lost wages to a maximum certificate of ninety days or the amount of injury leave benefits advanced by the City-designated or accepted physician, but not longer than a period of which workers’ compensation temporary disability payments are allowed. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end of this ninety (90) such 365 calendar day period the employee is still disabledunable to return to duty, a certificate from the leave mayCity-designated or accepted physician shall be presented, at the Employers sole discretioncertifying to this fact, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require and the employee may elect, if he/she so desires, to have a physical exam by a physician appointed use all or any part of the sick leave accumulated to supplement compensation payments so that combined compensation payments and paid by sick leave allowance will approximate the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this articleemployee’s regular basic wage or salary payment. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for During the period in which the full salary or wages of any employee on disability leave is paid by the City, any compensation payments made to or received by or on behalf of such employee shall be deducted from the amount carried on the payroll for such employee or shall be assigned to the City by the insurance carrier or the employee. Whenever the City-designated physician or accepted physician shall report in writing that the employee is disabledfit for duty, but such disability leave shall not govern whether the Employer terminate and such employee shall extend forthwith report for duty. Furthermore, if an employee, during the period of leave or if the injury was duty related. If there his/her disability is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return fit to temporary perform “other” light or temporary restricted dutyduties, the CityCity may, at its discretion, and if the City has suitable work for allow or require such employee, may assign the employee to perform these light duty work. 22.05 All employees are subject duties. The employee’s ability to perform such light duties shall be determined by a City-designated or other physician acceptable to the City's Transitional Work Program Policy. Any employee on injury leave resulting from injury while on duty shall continue to accrue sick leave credits while he/she remains on the payroll.

INJURY LEAVE. 22.01 When an If any employee is injured incapacitated and unable to work because of any injury sustained in the line performance of dutyhis/her police duties, he as evidenced by certificate of a City- designated physician or other physician acceptable to the City, he/she shall be eligible granted in addition to his/her annual sick leave with pay or any accumulations thereof, leave of absence with pay for a paid leave not to exceed ninety period of three hundred sixty-five (90365) calendar days per incident. In order to or so much thereof as may be eligible for injury leaverequired, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received as evidenced by the employee from Workers Compensation for lost wages to a maximum certificate of ninety days or the amount of injury leave benefits advanced by the City-designated or accepted physician, but not longer than a period of which workers’ compensation temporary disability payments are allowed. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end of this ninety such three hundred sixty-five (90365) calendar day period the employee is still disabledunable to return to duty, a certificate from the leave mayCity-designated or accepted physician shall be presented, at the Employers sole discretioncertifying to this fact, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require and the employee may elect, if he/she so desires, to have a physical exam by a physician appointed use all or any part of the sick leave accumulated to supplement compensation payments so that combined compensation payments and paid by sick leave allowance will approximate the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this articleemployee’s regular basic wage or salary payment. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for During the period in which the full salary or wages of any employee on disability leave is paid by the City, any compensation payments made to or received by or on behalf of such employee shall be deducted from the amount carried on the payroll for such employee or shall be assigned to the City by the insurance carrier or the employee. Whenever the City-designated physician or accepted physician shall report in writing that the employee is disabledfit for duty, but such disability leave shall not govern whether the Employer terminate and such employee shall extend forthwith report for duty. Furthermore, if an employee, during the period of leave or if the injury was duty related. If there his/her disability is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return fit to temporary perform “other” light or temporary restricted dutyduties, the CityCity may, at its discretion, and if the City has suitable work for allow or require such employee, may assign the employee to perform these light duty work. 22.05 All employees are subject duties. The employee’s ability to perform such light duties shall be determined by a City-designated or other physician acceptable to the City's Transitional Work Program Policy. Any employee on injury leave resulting from injury while on duty shall continue to accrue sick leave credits while he/she remains on the payroll.

INJURY LEAVE. 22.01 19.01 When an employee is injured in the line of duty while actually working for the Employer, necessitating his absence from work for more than two (2) tours (48 hours) of duty, he shall be eligible for a paid leave not to exceed ninety (90) calendar days per incidentdays. In order to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wagestime, i.e., total temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of the injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. The ninety (90) day provision contained in this article is cumulative for the duration of this Agreement in regard to the injury, i.e. successive “injuries” to the same body part(s) shall not constitute separate injuries. 22.02 19.02 If the employee is still disabled at the end of this ninety (90) calendar day period the employee is still disabledperiod, the leave may, at the Employers Employer’s sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 19.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's ’s certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving employee’s continuing to receive any benefits under this article. The designated physician's ’s opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the injury was duty related or whether the Employer shall extend the period of leave or if the injury was duty relatedleave. If there is should be a conflict between the employee's ’s physician and Employers physiciansthe physician appointed by the Employer, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs cost equally. 22.04 19.04 It is the obligation of the employee to receive necessary medical treatment and return to work status at the earliest time permitted. If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the CityEmployer, at its discretion, and if the City it has suitable work for such employee, may assign insist that the employee return to light duty work. If the employee refuses, the benefits of this article shall terminate at the end of the pay period in which the employee refused to return to work. Injuries shall be reported within twenty-four (24) hours of the day they occur. No benefits shall be allowed if said injury is not reported within such time, unless expressly approved of by the City Council. 22.05 19.05 All employees are subject to the City's ’s Transitional Work Program Policypolicy.

INJURY LEAVE. 22.01 ‌ 19.01 When an employee is injured in the line of duty while actually working for the Employer, necessitating his absence from work for more than two (2) tours (48 hours) of duty, he shall be eligible for a paid leave not to exceed ninety (90) calendar days per incidentdays. In order to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wagestime, i.e., total temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of the injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. The ninety (90) day provision contained in this article is cumulative for the duration of this Agreement in regard to the injury, i.e. successive “injuries” to the same body part(s) shall not constitute separate injuries. 22.02 19.02 If the employee is still disabled at the end of this ninety (90) calendar day period the employee is still disabledperiod, the leave may, at the Employers Employer’s sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 19.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's ’s certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving employee’s continuing to receive any benefits under this article. The designated physician's ’s opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the injury was duty related or whether the Employer shall extend the period of leave or if the injury was duty relatedleave. If there is should be a conflict between the employee's ’s physician and Employers physiciansthe physician appointed by the Employer, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs cost equally. 22.04 19.04 It is the obligation of the employee to receive necessary medical treatment and return to work status at the earliest time permitted. If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the CityEmployer, at its discretion, and if the City it has suitable work for such employee, may assign insist that the employee return to light duty work. If the employee refuses, the benefits of this article shall terminate at the end of the pay period in which the employee refused to return to work. Injuries shall be reported within twenty-four (24) hours of the day they occur. No benefits shall be allowed if said injury is not reported within such time, unless expressly approved of by the City Council. 22.05 19.05 All employees are subject to the City's ’s Transitional Work Program Policypolicy.

INJURY LEAVE. 22.01 When A. The City shall provide Injury Leave consistent with NJSA 40A:14-137. If an employee is injured incapacitated and unable to work because of an injury sustained in the line performance of dutyhis police duties, he as evidenced by a Certificate of a City designated physician or other doctor acceptable to the City, he/she shall be eligible granted in addition to his annual sick leave with pay or any accumulations thereof, Injury Leave with full pay for a paid leave not to exceed ninety period of three hundred sixty five (90365) calendar days per incident. In order to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount so much thereof as may be required, as evidenced by Certificate of injury leave benefits advanced by the Citya City designated or accepted physician, but not longer than a period of which worker’s compensation payments are allowed. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end of this ninety such three hundred sixty five (90365) calendar day period the employee is still disabledunable to return to duty, a Certificate from the leave mayCity designated or accepted physician shall be presented, at the Employers sole discretioncertifying to this fact, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require and the employee may elect, if he or she desires, to have a physical exam by a physician appointed and paid by use all or any part of the Employer resulting in the physician's certification sick leave accumulated to supplement compensation payments so that the employee is unable to work due to combined payments and sick leave and allowance will approximate the injury as a condition precedent to the employee receiving any benefits under this articleemployee’s regular basic wage or salary payment. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for During the period in which the full salary or wages of any employee on Injury Leave is paid by the City of Margate, any workers compensation payments made to or received by or on behalf of such employee shall be deducted from the amount carried on the payroll for such employee or shall be assigned to the City of Margate by the insurance carrier or the employee. In cases where an injury causes leave of extended duration, the employee must submit acceptable medical evidence after each thirty (30) days of the Injury Leave substantiating the need for continued Injury Leave and setting forth an estimated date of return to duty. Whenever the City designated physician or physician acceptable to the City shall report in writing that the employee is disabledfit for duty, but such Injury Leave shall not govern terminate and such employee shall forthwith report for duty. The City may require an employee who has been absent because of Injury Leave, as a condition of his return to work, to be examined, at the expense of the City, by a physician designated by the City. Such examination shall establish whether the Employer shall extend employee is capable of performing the essential functions of a Police Officer and that his return to work will not jeopardize the health or safety of the employee or other employees. Furthermore, if an employee during the period of leave or if the injury was duty related. If there his/her Injury Leave is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return fit to temporary perform “other” light or temporary restricted dutyduties, the CityCity may, at its discretion, and if the City has suitable work for allow or require such employee, may assign the employee to perform these light duty work. 22.05 All employees are subject duties. The employee’s ability to perform such light duties shall be determined by a City designated physician or other physician acceptable to the City's Transitional Work Program Policy. Employees on job related Injury Leave and authorized to return from said Injury Leave on light duty are required to report same to the Chief of Police. B. The disability, to be eligible for Injury Leave, must be due to an injury or illness resulting from the employment. 1. Injuries or illnesses which would have occurred but for a specific work related accident or condition of employment are compensable. 2. Preexisting illnesses, diseases and conditions aggravated by a work related accident or condition of employment are not compensable when such aggravation was reasonably foreseeable. 3. Illnesses which are generally not caused by a specific work related accident or condition of employment, are not compensable except when the claim is supported by medical documentation that clearly establishes the injury or illness is work related. 4. Progressive, degenerative or repetitive motion disorders, such as asbestosis or carpal tunnel syndrome, are compensable only when the claim is supported by medical documentation clearly establishing that the disorder would not have occurred but for the performance of specific work duties. 5. Psychological or psychiatric illness is not compensable, except when such illness can be traced to a specific work related accident or occurrence which traumatized the employee thereby causing the illness, and the claim is supported by medical documentation. 6. An injury or illness is not compensable when the appointing authority has established that the employee has been grossly negligent, including those injuries or illnesses arising from impairment due to alcohol or drug abuse.

INJURY LEAVE. 22.01 When 29.1 Each full-time bargaining unit Employee shall be entitled to occupational injury leave (OIL) to a maximum of one hundred thirty-five (135) calendar days for each qualifying injury. OIL may be granted to an employee is injured Employee: a. Who suffers an on the job injury or occupational disease as defined by Paragraph 4123.01 et seq. ORC b. The Township may decide to waive the requirement to use sick leave during the initial five (5) day period 29.2 In the event of a service connected injury incurred in the line active discharge of duty, particular to firefighting, emergency medical services and rescue operations or other similar emergency events beyond the control of the Employee, and not characteristic of other occupations, which injury is not the result of negligence, recklessness, self- infliction, or “horseplay” by the Employee, the Employer shall grant the employee full pay per a period not to exceed one hundred thirty-five (135) calendar days. This time shall not be charged to the Employee’s sick time. Upon written request of the Employee, the Employer may grant a thirty (30) day extension of the OIL 29.3 An employee applying for OIL hereunder, shall authorize the to the Employer of all medical information pertinent only to the occupational injury possesses by the Employee’s treating physician(s) and the treatment facility(ies) if so, requested by the Employee or designee, and/or shall agree to be examined by licensed medical practitioner selected and paid for by the Employer. 29.4 The employee shall remit to the Employer all income benefits paid by the OBWC for the period during which the employee received full pay from the Employer while on OIL. In the event the claim is denied by OBWC, the employee shall revert to sick leave status, and shall be charged with sick leave and/or vacation leave for all time paid by the Employer for OIL. 29.5 It is understood and agreed that the Employer’s obligation under this Article is only the difference between the Employees regular rate of pay and the amount of income benefits paid to the Employee by OBWC, and that OIL is not I lieu of OBWX benefits. 29.6 In lieu of granting OIL, the Employer may assign the Employee to light duty with approval of, and within the limitations set by, the Employee’s treating physician or physician selected and paid for by the Employer. I tis strictly the management right of the Employer to determine if light duty is available. 29.7 No entitlement to OIL shall arise from a personal injury sustained while an Employee is engaged in private employment of any nature whether or not such private employment is in a firefighting related field, and whether or not such private employment was secured through the Township. 29.8 Before an Employee on injury leave will be permitted to return to duty, he shall submit to the Chief a physician’s statement and any other required documentation concerning the injury, demonstrating his physical ability to satisfactorily perform the duties of his position. Additionally, the Chief may require the Employee to submit to an examination by a physician selected by the Township, at the Township’s expense, if there is any question about the Employee’s ability to return to duty. 29.9 Any association employee involved in a fatality incident and/or at the direction of the Fire Chief, may be eligible for required to take a maximum of forty-eight hours of paid leave not to exceed ninety (90) calendar days per incidentfrom his/her regular duties. In order the event the Fire Chief determines, in his discretion that the leave is required, this leave shall be charged as injury leave not sick leave. IN such circumstances after forty-eight hours the employee cannot report to be eligible work for injury leaveregular duties, the Fire Chief shall request the services of a Critical Stress Debriefing Team. The Township may provide a psychologist or psychiatrist to determine the employee’s ability to return to work. If, it is determined, by the Critical Stress Debriefing Team or a physician, that additional time off is needed, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or futureuse sick leave. 22.02 If at the end of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 When A. Each employee shall be entitled to injury leave as a result of a service connected injury or illness which is covered under the Connecticut Workers' Compensation Act. Said employee shall be entitled to his/hertheir normal pay for the number of days absent until the employee has recovered sufficiently to return to duty or has retired on a disability or regular pension. An injured employee will be entitled to this supplemental pay for up to eighteen (18) months; provided, however, that if the employee's treating physician certifies to the Town that it is likely the employee will be able to return to work within an additional six-month period, then the pay supplement shall be extended to the date of the employee's return, but not more than six (6) additional months. Upon completion of the period of supplemental pay, the injured employee shall be entitled to whatever benefits are mandated by the Workers' Compensation Act. By placing an employee on injury leave the Town does not waive any rights it may have under the Connecticut Workers' Compensation Act. B. In the event that an officeremployee is injured in the line performance of dutyhis or hertheir duty as a Police Officer and is capable of performing a light duty assignment as determined by the officeremployee's physician, he such light duty assignment shall be eligible for a paid within the Department, should the work be available as determined by the Chief of Police. If no work is available within the Department, the Department of Human Resources shall find suitable work within Town Government. C. The Town may assign an employee on injury leave not to exceed ninety (90) calendar days per incident. In order to be eligible for duties other than histheir regular duties during the period of any injury leave, the employee . D. A complete report of each accident shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits be made to the employee, 's immediate supervisor as soon as practical after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or futureitf occurs. 22.02 If at the end of this ninety (90) calendar day period the employee is still disabledE. The Town without further negotiations may implement a managed medical care plan its workers‟ compensation administrator/carrier, the leave may, at the Employers sole discretion, any new medical care plan network shall be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due comparable to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equallyprior medical care plan network. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are subject to the City's Transitional Work Program Policy.

INJURY LEAVE. 22.01 When 8.1 Injury leave, as distinguished from sick leave, shall mean paid leave given to an employee is injured due to an absence from duty caused by an accident, injury, or occupational disease that occurred while the employee was engaged in the line performance of dutyhis/her police duties. Employees of the Town are covered by workers' compensation insurance and are paid statutory amounts due to injuries sustained on the job. The Town, he in the case of injury leave, shall be eligible supplement the payments of the insurance company so that the employee will receive full net pay during his/her absence for a paid leave period not to exceed ninety (90) calendar days per incident12 months. In order to During the 12th month on injury leave there shall be eligible for a mandatory review of the employee's medical condition from the accident; injury leaveor occupational disease, and a determination of when, if ever, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning will be able to the City all sums received return to active duty. This medical review will be performed by the employee from Workers Compensation for lost wages to employee's doctor and a maximum of ninety days doctor selected by the Town or the amount workers' compensation insurance carrier. If the two doctors agree in writing that the employee will be able to return to work within 6 months then the Town will continue to supplement the worker's compensation insurance benefit. If the two doctors are unable to agree as to when the employee will be able to return to work, then a third doctor will be selected either by agreement of injury leave benefits advanced the employee and the Town; by agreement of the employee's doctor and the Town's doctor; or if there is no agreement on the first two selection methods, then by recommendation by the Citycommissioner of the worker's compensation office for Cheshire district. In If the event Workers Compensation ultimately denies benefits to the employee, after third doctor determines that the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Actwill return to work within six months, then the employee shall reimburse Town will continue to supplement the City one-half (1/2) of workers' compensation insurance benefit. If the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end of this ninety (90) calendar day period medical experts are unable to provide assurances that the employee is still disabledwill return to work within six months, then either the leave may, at employee or the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer Town shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between pursue the employee's and Employers physicians, a third physician retirement under the Town's retirement plan. 8.2 All payments on injury leave shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work. 22.05 All employees are made subject to the Citysame rules and regulations as worker's Transitional Work Program Policycompensation insurance and shall not be payable if the accident shall have been due to intoxication or willful misconduct on the part of the employee. Lost time under injury leave shall not be charged to vacation or sick leave accruals. 8.3 Nothing in this article shall supersede the rights of the insurance carrier or the Town with respect to worker's compensation.

INJURY LEAVE. 22.01 When an Section 1. Each employee who is injured or disabled in the line performance of duty, he their duties shall be eligible entitled to injury leave with full pay. Time lost because of injury leave shall not be deducted from their accumulated sick leave. No such employee shall be removed from the payroll until the Personnel Director and the Pension Board have reviewed his/her case and have expressly ordered such removal. Any employee, so removed, shall, upon his/her request, or upon the order of said Board, receive a disability pension in accordance with the provisions of the Charter of the City of Meriden and/or the Pension agreements. The City shall supplement the Workers ' Compensation rate up to the employees full pay for a paid leave not up to exceed ninety eighteen (9018) calendar days per incidentmonths post-injury, provided that if the employee’s treating physician gives an opinion that within six months after the expiration of 18 months the employee will be able to return to work, the supplement payment shall be extended for an additional six months up to 24 months total. In order to be eligible for injury leaveThereafter, the employee will receive his workers' compensation check only. 1710 Section 2. Each employee who receives or is entitled to receive injury leave with full pay under Section 1 of this Article shall file a Workers Compensation also be required to give notice of claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning compensation to the City all sums received by Workers' Compensation Commissioner in accordance with the employee from Workers Compensation for lost wages to a maximum provisions of ninety days or Section 31-294 of the amount of injury leave benefits advanced Connecticut General Statutes. If such claim is contested by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then 's Third Party Administrator (TPA) the employee shall reimburse be put on unapproved workers' compensation (formerly known as Q-time). Such employee shall, within 30 days, request said Commissioner to hear and resolve this dispute in accordance with the City one-half (1/2) provisions of said Chapter 568, provided, however, no proceeding under said Chapter and no lack of decision by said Commissioner concerning such claim shall be used to deny any such employee the injury leave received through reduction of all accrued leaves, current or future. 22.02 If at the end with full pay benefits to which he/she is entitled under Section 1 of this ninety (90) calendar day period Article. If the employee's injury is not found to be compensable, any time given shall be deducted from the employee's sick bank first and then any other bank of leave time. If these are not sufficient such time will be deducted as time is earned, and should the employee retire before paying back the time, it will be deducted from the employee's pension. If such claim is still disabledresolved by a judgment of the Commissioner or by an agreement between the City and such employee, or his/her legal representative as the case may be, unapproved Workers' Compensation (formerly known as Q-time) or sick leave shall be changed to Workers' Compensation. In a judgment against a Third Party, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof. 22.03 The Employer City shall have the right to require claim the amount equal to weekly Workers' Compensation benefits which it was obligated to pay to such employee to for such injury or disability, and such claim shall have a physical exam by a physician appointed and paid by precedence over the Employer resulting claim of such employee in the physicianproceeds provided for in such judgment or agreement, after the deduction of reasonable and necessary expenditures, including attorney's certification that the fees, incurred by such employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled in securing such judgment or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty relatedeffecting such agreement. If there is a conflict between such proceeds, after deducting the employee's expenses, as provided above, are more than sufficient to reimburse the City's claim, such employee shall return the amount of such claim to it, and Employers physiciansthe remainder, a third physician if any, of such proceeds, shall be consulted whose opinion shall governretained by him/her. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally. 22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for 1720 Each such employee, may assign the Union President and his/her delegate, or in his/her absence, the Union Vice-President shall be granted leave with pay to attend meetings or conferences which are called by the Workers' Compensation Commissioner in connection with such claim, and which occur when they are scheduled to be on duty and where the employee has not retained private counsel of record. 1730 If an employee fails to light give notice of claim required under this Section, or if an employee fails to request a hearing before the commissioner when such request is require under this Section, his/her absence from duty workbecause of the disability for which such notice is required, shall be charged against his/her sick leave under Article XII. 22.05 All employees are subject to the City's Transitional Work Program Policy.