Common use of Medical Cases Clause in Contracts

Medical Cases. (a) When an employee's absence from work is due solely to a disability resulting from sickness or injury and due proof of disability is given to the office, the employee will be returned to work in accordance with the employee's seniority and these rules as nearly as may be as if the employee had not suffered a disability, provided the employee passes the required medical examination. If the disposition made as the result of any such medical examination is not satisfactory, the employee may ask to discuss the matter at the office with the Committeeperson or Unit President, and Management will arrange for the employee to do so. If a grievance on the matter is submitted, it may be referred to Step 2 of the grievance procedure. The Unit President may then take the grievance up with the Labour Relations Supervisor, or a designated representative. In proper cases, the parties may select an independent physician to resolve the conflicting medical findings of the employee's personal physician and the office physician with respect to determining the employee's ability to perform the duties of the available work to which the employee would be entitled by seniority. The selection of an independent physician by Management and the Local Union will be made within seven (7) working days from the date the matter was referred to the Labour Relations Supervisor or a designated representative. Costs will be paid by the Company. If the report of the independent physician places work restrictions or limitations on the employee equal to or greater than those previously placed on the employee by the Company physician, there shall be no retroactive pay. If the report or decision places work restrictions or limitations on the employee which are less than those previously placed on the employee by the Company physician, retroactive pay, if any, shall be limited to the period beginning with the day of the final examination by the independent physician and shall be calculated as provided in Section (3.8). The decision of the independent physician shall be final and binding on the Company, the employee involved and the Union.