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. 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.
Section 2. If no satisfactory conclusion is reached and the Union or the Company so elects, a Board of three (3) licensed physicians will be selected, one by the Company, one by the Union, and one by the two so-named, who will decide the case. The decision of the Board will be final and binding on both parties to this Agreement and retroactive to the date the dispute arose.
Section 3. The Company will bear the expense of the physician of its choice, and the Union will bear the expense of the physician of its choice. The expense of the third physician will be paid by the losing party. In the event that the decision of the Board does not result in a clear-cut losing party, the expense of the third physician will be paid equally by the parties.
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 employee to resume service as an employee after a medical or industrial injury leave, METRO may require the employee 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 Employee 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.
B. Determination of physical or mental fitness will be by a physician designated by Human Resources. The physician will be provided a description of the work to be performed and its physical parameters.
C. When an employee shall be reported by the examining physician to be physically or mentally unfit to perform work in the position in which the employee is employed, such employee shall have a period of three (3) working days from the date of their notification of such determination by the examining physician to indicate in writing to Human Resources their intention to submit the question of their physical or mental unfitness to a physician of their own choice at their own expense. This physician shall also be provided a description of the work to be performed and its physical parameters, as well as documentation outlining the Employer’s concerns related to fitness for duty. The report of such examination shall be provided to Human Resources not later than twenty (20) working days from the receipt of notification of unfitness by the employee.
D. In the event of differing medical opinions, the Employer and Union will forward such reports to a mutually agreed upon third party Physician whose assessment shall be final and binding. If the Employer demotes, suspends without pay or discharges the employee because of the results of the examination, such action shall be subject to the grievance procedure.
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.
22.3.2 The two doctors shall initially consult to see if they can reach agreement. If not, they shall mutually select a third qualified doctor who shall conduct an examination of the employee and review the reports prepared by the first two doctors. A determination of whether the employee is fit for duty shall be made by the third doctor and that determination shall be binding on all parties. The expense of the third doctor shall be split by the parties.
Medical Arbitration. Any employee protesting removal from service because of an order from VTA's physician shall have their case reviewed by a physician, who will serve as a Medical Arbitrator. The Medical Arbitrator will determine whether the employee is physically or mentally able to perform his/her duties. The selection for a Medical Arbitrator shall be as follows. The list of physicians approved and used by the ATU/VTA Board of Pensions shall serve as the list for selection of Medical Arbitrators. From the list, VTA shall select a minimum of three, but will utilize five when available. The employee and the Union shall select the Medical Arbitrator from the list. The selected Medical Arbitrators will be practicing physicians specializing in the medical field of which the employee was disqualified. The Medical Arbitrator shall give the employee an examination and determine whether the employee is physically/mentally capable of performing the job duties of their classification. Any employee protesting VTA’s denial of a return to work from an industrial or non-industrial injury/illness, once released by their physician or the treating physician, shall have their claim of fitness reviewed by a Medical Arbitrator under this section. The request for medical arbitration must be made within twenty-one (21) days of receipt of VTA’s written notice to the Employee and the Union of the refusal of return to work or removal from service.
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. In the event of a dispute involving an employee's physical or mental ability to perform his 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 by a third doctor chosen by the FOPLC and the Employer. The Employer and the FOPLC shall share the cost of this report equally. If the FOPLC and Employer do not agree to a third doctor within 15 days after receipt of the Employer designated doctor’s opinion, the matter will be subject to the Grievance and Arbitration provisions of this Agreement, beginning with a Step 3 meeting to be held on a date mutually agreeable to the FOPLC and the Employer. The Employer shall answer the grievance within 10 days of the date of the meeting. In the event the grievance is appealed and arbitrated under Step 4, at the arbitration hearing the FOPLC and the Employer may present lay testimony, as well as medical evidence by way of documents, and/or deposition, and/or testimony. The costs incurred to obtain medical documents, deposition testimony and court reporters, and/or live medically-related testimony, including witness fees and the original production of deposition transcripts, shall be borne by the party requesting them. For purposes of this section, time computation is pursuant to Article 5.10 of this Agreement.
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.
