Medical Arbitration. Section 1. In the event a dispute arises concerning the physical fitness of an employee to return to work or to continue to work, an attempt to resolve the dispute by conference or consultation between a licensed physician selected by the Company and a licensed physician selected by the Union, will first be made.
Medical Arbitration. In the event of a dispute involving an employee’s physical or mental ability to perform his or her job and the Employer is not satisfied by the determination of the treating physician, the Employer may require the employee to be examined by a doctor of its own choice and at its expense. If the dispute still exists, final resolution, binding on both parties, shall be a report of a third doctor chosen by the employee’s doctor and the Employer’s doctor. The cost of this report shall be shared equally by the Employer and the Union.
Medical Arbitration. In the event of a dispute involving an employee's physical or mental capability to perform his/her job and the Employer is not satisfied with the determination of the treating physician, the Employer may require the employee to be examined by a doctor of its choice and at its expense. In the event an employee is not satisfied with a determination of the Employer's physician, he/she may submit a report from his/her physician at his/her expense. If a dispute exists, final resolution, binding on both parties, shall be a report of a third doctor chosen by the employee's doctor and the Employer's doctor. The cost of this report shall be shared equally by the Employer and the employee. The provisions of this Section shall not apply in determining eligibility for Worker's Compensation.
Medical Arbitration. If there is a disagreement over the physical ability of an Operator to resume service as an Operator after a medical or industrial injury leave, METRO may require the Operator to be examined by a physician of METRO’s choice. If it is the decision of both the employee’s and METRO’s physicians that the Operator is physically able to return to work, a return date will be assigned within five (5) days of the decision. If there is a difference of opinion between the two physicians, a third physician will be selected to adjudicate the disagreement, with the majority decision prevailing. The arbitrating physician shall be selected jointly by METRO and the Union from a list of five (5) physicians furnished by the County Medical or Chiropractic Societies. METRO and the Union shall alternately eliminate names from the list, with the first choice to be determined by lot. The remaining name shall be the arbitrating physician. The costs incidental to obtaining and arriving at a decision from the third physician shall be shared equally by METRO and the Union.
Medical Arbitration. A. All employees may be required by the appointing authority with the approval of Human Resources to undergo for cause medical examinations to determine their physical and mental fitness to perform the work of the classification in which they are employed. Such for cause medical examinations shall be at no expense to the employee.
Medical Arbitration. Should the County determine that any employee is physically or mentally unfit to perform the essential duties for which the employee was employed, the employee may, at their option, have a review of the case in the following manner:
Medical Arbitration. 22.3.1 If after obtaining a second examination, the Guild wishes to challenge the assessment of the employee's fitness for duty, the Guild may submit the matter to medical arbitration.
Medical Arbitration. If the medical opinion of the member's treating physician is in conflict with that of the Department physician as to the question set forth above, then the member shall be required to be examined by a “Medical Arbitrator physician” for a medical arbitration examination. The Medical Arbitrator physician shall be mutually agreed upon by the member’s treating physician and the Department physician. In the event the member’s treating physician and the Department physician are unable to agree to a Medical Arbitrator physician, then within fourteen (14) calendar days the FOP shall name two (2) physicians and the City shall name two (2) physicians (any physician names not submitted within the 14- day period shall not be considered), and one (1) name shall be chosen by a lottery method agreed to by the FOP and the City from those named. Any Medical Arbitrator physician chosen through the above process shall be a physician who specializes in the area of the member’s complaint or injury. Notwithstanding, however, no Medical Arbitrator physician shall be a physician who has previously treated or examined the member (as a treating physician or a Department physician) for the complaint or injury for which the member is seeking treatment under this Section. The Medical Arbitrator shall examine the member and shall render a written opinion with respect to whether the Member is still incapacitated from the performance of his/her full police duties, which opinion and corresponding report shall be delivered to the Department and to the Member. The cost of any Medical Arbitrator examination shall paid by the City. The Member shall continue to be carried on Sick Leave status until such time as the Chief of the Police Department receives a written report from the Medical Arbitrator indicating that the member is capable of returning to work (full duty or light duty). At that time the member’s Sick Leave status shall cease. Moreover, should the Medical Arbitrator’s opinion support the Member’s treating physician’s opinion, then the Member’s Sick Leave status shall continue. In such case the Department may not challenge the Member’s Sick Leave status again for three (3) months from the date of such opinion.
Medical Arbitration. If the medical opinion of the member's treating physician is in conflict with that of the Department physician as to either of the two (2) questions set forth above, then the member shall be required to be examined by a “Medical Arbitrator physician” for a medical arbitration examination. The Medical Arbitrator physician shall be mutually agreed upon by the member’s treating physician and the Department physician. In the event the member’s treating physician and the Department physician are unable to agree to a Medical Arbitrator physician, then the FOP shall name two (2) physicians and the City shall name two (2) physicians, and one (1) name shall be chosen by a lottery method agreed to by the FOP and the City from those named. Any Medical Arbitrator physician chosen through the above process shall be a physician who specializes in the area of the member’s complaint or injury. Notwithstanding, however, no Medical Arbitrator physician shall be a physician who has previously treated or examined the member (as a treating physician or a Department physician) for the complaint or injury for which the member is seeking treatment under this Section. The Medical Arbitrator shall examine the member and shall render a written opinion with respect to which of above questions that are in dispute between the treating physician and the Department physician, which report shall be delivered to the Department and to the member. The cost of any Medical Arbitrator examination shall be paid for by the City. The member shall continue to be carried on OJI status until such time as the Chief of the Police Department receives a written report from the Medical Arbitrator indicating that the member is capable of returning to work or that the member clearly did not suffer a job-related injury or sickness. At that time the member’s OJI status shall cease.
Medical Arbitration. If any dispute shall arise between the parties hereto as to the application of the foregoing provisions of this Section relating to the physical or mental condition of any employee at any time, then it shall be considered as a grievance by the parties, and in the event that it cannot be so adjusted, it shall then be submitted to an impartial physician provided notice of its intention to do so is given by either party to the other within forty-five (45) days following the decision which results in disagreement. The impartial physician shall be selected by the physician for the Company and the physician designated by the Union, and the decision of such impartial physician shall be conclusive and binding, and the expenses of such impartial physician shall be borne equally by the Company and the Union.
