Common use of Medical Arbitration Clause in Contracts

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. 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 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.