Medical Arbitration Process Sample Clauses

Medical Arbitration Process a. Either party is free to attach relevant medical records, job analysis, and job description if it is deemed relevant. If either party has ordered medical records, they can direct that the medical records be delivered to the Medical Arbitrator within twenty-one (21) calendar day time period. This shall not limit the Medical Arbitrator’s ability to seek records outside of the twenty-one (21) calendar day window. b. The definition of Job Analysis is the professional third party formal analysis of the relevant job, excluding any appended employee Job Analysis review and Employer Job Analysis comments. c. The employee shall sign a release for all necessary medical records in compliance with HIPPA regulations to be released to the Medical Arbitrator only. ATU and VTA will provide a list of documents to be submitted to the Medical Arbitrator to be used in making the decision. d. Communications from either party shall be in writing and a copy of that communication, with all associated attachments, shall be sent to the Director or their designee for VTA, and to the President and Business Agent of Local 265, for ATU. e. The grievant subject to Medical Arbitration shall be required to produce a release of medical records to the Medical Arbitrator, upon request. That release will not extend to either ATU or VTA. f. The issue for the Medical Arbitrator is to determine whether the employee is “fit for duty” for the position from which the employee was removed from service. g. The Medical Arbitrator’s decision shall be final and binding on the parties. The employee at his/her discretion may use the Medical Arbitrator’s report with any application for any disability retirement/pension. h. Back wage claims shall be paid from the date the employee was released to return to work by his/her treating physician provided that the Medical Arbitrator concurs and approves the employees return to work. i. If the employee does not meet with the Medical Arbitrator as scheduled by VTA, the resulting time period lost from the originally scheduled appointment to the employee’s actual appointment will not be included in calculating back wages. The Medical Arbitrator shall be provided with an excerpt of Part A, Section 20.8-9 Medical Arbitration of the VTA/ATU Collective Bargaining Agreement.