Common use of INJURY OR ILLNESS IN THE LINE OF DUTY Clause in Contracts

INJURY OR ILLNESS IN THE LINE OF DUTY. ‌ (A) When any employee covered by this Agreement contracts an illness or suffers an injury arising out of the performance of his or her duties, which does not permanently disable him/her from performing all of the duties of a fire fighter of the Middletown Fire Department, such employee shall be entitled to and shall receive the benefits set forth in Rhode Island General Laws, Chapter 45-19-1 during the period of his/her incapacity. (B) When any employee covered by this Agreement contracts an illness or suffers any injury arising out of the performance of his or her duties, which permanently disables him/her from performing all of his/her duties as a fire fighter of the Middletown Fire Department, such employee shall be retired on disability pension at a rate of 66 2/3% of his/her final salary as defined in the applicable Pension Plan document, which may include some or all of the following and shall be the same as the basis for calculating a regular pension: wages, longevity, overtime, holiday pay, EMT pay, leave sellback. In addition thereto, the Town shall pay all medical, surgical, dental, optical, or other attendance or treatment, nurses and hospital services, medicines, crutches and apparatus, as may be necessary and which related to the illness or injury which disabled such employee. (C) If the Town questions the disability of any employee, the Town shall have the right to have such employee examined by a physician of its selection. If the physician selected by the Town finds that the employee is not disabled from performing all of the duties of a fire fighter of the Middletown Fire Department, the employee shall be entitled to be examined by his/her own personal physician. Upon receipt of written notice from the Town physician that the employee is no longer disabled, the employee or union shall have five (5) weekdays to notify the Town of his/her intent to seek an alternate physician’s opinion. If the opinion of the employee's personal physician is in conflict with that of the Town's physician as to whether or not the employee is disabled from performing all of the duties of a fire fighter of the Middletown Fire Department, then a third physician, mutually agreeable to the Town's physician and the employee's personal physician, shall be selected within forty-five (45) days. The third physician shall examine said employee promptly, and the opinion of the physician so selected shall be conclusive and binding on the Town and Employee. If the third physician finds that the employee is disabled from performing all of the duties of a fire fighter of the Middletown Fire Department, the Town shall continue to pay said employee his/her benefits and the medical expenses hereinbefore referred to, and no further such examination shall take place. If the third physician finds that the employee is capable of performing some of the duties of a fire fighter of the Middletown Fire Department, the Town shall offer such employee employment in such capacity in the Fire Department, and the employee shall not unreasonably refuse such work, without reduction in pay, and the Town shall continue to pay all medical expenses relating to said employee's illness or injury. In the event the Town does not offer the employee employment in the Fire Department in a position which he/she is found capable of performing, the Town shall continue to pay the employee his or her full salary and all medical expenses relating to such illness or injury referred to. (D) No employee shall be deprived of the benefits provided above by being involuntarily placed on pension which the Town may provide for employees of the Fire Department. (E) The foregoing shall not apply to employees in the State of Rhode Island Employee’s Retirement System. (F) Light Duty Light duty shall consist of dispatcher or fire prevention duties. Qualifications for light duty shall be on-the-job or off-the-job injuries. To be eligible for light duty, employees must provide a medical certificate signed by the attending physician stating eligibility status for the performance of light duty. Employees shall sign a waiver releasing the Town from any further liability regarding the injury as a result of the employee's participation in the light duty position. The waiver shall also hold the Town harmless should said employee, after receiving the medical certificate, wish to perform other light duty tasks such as truck checks, maintenance or other duties that will not harm the employee. If more than one (1) employee per platoon is eligible for light duty, the senior employee shall have priority. All others shall have the option to accept a temporary transfer to another shift or to fire prevention or to use sick leave if off duty for reason of illness or injury. Officers shall be included in eligibility for the light duty position.