MEDICAL DISPUTES Sample Clauses

MEDICAL DISPUTES. The employee may obtain a second opinion, at the employee's expense, and in the event that there is a dispute between the Employer's doctor and the employee's doctor, both of these doctors shall select a third doctor whose decision shall be final and binding on the parties. The expense of the third doctor's opinion shall be split 50/50 by the Employer and the employee, if not covered by the employee's insurance.
AutoNDA by SimpleDocs
MEDICAL DISPUTES. In the event of a dispute involving any employe e's physical ability to perform his/her job at the University when the employee is not satisfied with the determination of the University's physician, he/she may submit a report from a medical doctor of his/her own choosing and at his/her own expense. If the dispute still exists, at the request of the Association, the University's physician and the employee's doctor shall agree upon a third medical doctor to submit a report to the Employer and the employee, and the decision of such third party will be bind ing on both parties. The expenses of the report of the third party shall be shared equally by the Employer and the employee.
MEDICAL DISPUTES. In the event a medical dispute between the University's physician and the employee's physician involving an employee's ability to perform his/her job duties and if the employee is not satisfied with the determination of the University's physician, at the request of the Union the University's physician and the employee's physician shall attempt to agree upon a third medical doctor to resolve the dispute. The third medical doctor would submit a report to the University and the employee, and the decision of this third doctor would be binding on both parties. If the University's doctor and the employee's doctor cannot agree on a third doctor, the examination will be performed at Xxxxx Xxxx Hospital or Xxxxxxx Xxxxxxxx Hospital (Royal Oak) and the results of the examination will be binding on both parties. The University and the employee shall share the costs of the examination by an agreed-upon third medical doctor or an examination at Xxxxx Xxxx Hospital or Xxxxxxx Xxxxxxxx Hospital equally.
MEDICAL DISPUTES. In the event that the Employer has a reasonable belief that an Employee is unable to perform his or her employment responsibilities because of a physical or mental health condition, the Employee will be required to submit to a medical examination as determined by the Office of the University Physician. In the event that the Employer requires such a medical examination, the Employee shall be given notice in writing of the reasons for requiring the examination.
MEDICAL DISPUTES. In the event a medical dispute between the University's physician and the employee's physician involving an employee's ability to perform his/her job duties and if the employee is not satisfied with the determination of the University's physician, at the request of the Union the University's physician and the employee's physician shall attempt to agree upon a third medical doctor to resolve the dispute. The third medical doctor would submit a report to the University and the employee, and the decision of this third doctor would be binding on both parties. If the University's doctor and the employee's doctor cannot agree on a third doctor, the examination will be performed at Xxxxx Xxxx
MEDICAL DISPUTES. The Employer reserves the right to require an employee, at the Employer's expense, if not covered by the Employee's insurance, to take a physical or mental examination if it should appear that said employee is having difficulty in performing his/her duties. The physical or mental examination shall be given by a doctor selected by the Employer. If the Employee is not satisfied with the determination of the designated physician of the Employer, he/she may submit a report from a doctor of his/her own choosing. If the dispute still exists, at the request of the Employer or employee, the designated physician of the Employer and the Employee's doctor shall agree upon a third doctor to submit a report to the Employer and the Employee, and the decision of such third party shall be binding on all the parties. The expense of the third party shall be paid by the Employer if not covered by the Employee's insurance.
MEDICAL DISPUTES. I. In the event that the Employer has a reasonable belief that an Employee is unable to perform his or her employment responsibilities because of a physical or mental health condition, the Employee will be required to submit to a medical examination as determined by the Office of the University Physician. In the event that the Employer requires such a medical examination, the Employee shall be given notice in writing of the reasons for requiring the examination. II. If the employee is not satisfied with the results of the medical examination, he/she may submit a report from a health care provider of his/her own choosing. The Employee may submit the charges of this examination to any and all insurances for which the examination may be covered. If a balance remains following the application of insurance, the remaining expenses of this examination shall be paid by the Employee. III. If the dispute still exists, at the request of the Union, the University's physician and the employee's health care provider shall agree upon a third health care provider who will conduct a medical examination and submit a report to the Employer and the Employee. The decision of such third party will be binding. The expenses of this report shall be shared equally between the Employer and Employee. For purposes of this examination, charges to the Employee may be submitted to any and all employee insurances for which the examination may be covered. If a balance remains following the application of the Employers one-half and the Employees insurance, the remaining expenses shall be the responsibility of the Employee. IV. As long as the Employee makes a reasonable effort to secure the cooperation of his or her health care provider in the selection of a third health care provider, the Employer will not seek to discipline or discharge the Employee for a delay in this process which is beyond his or her control. V. The University, with reasonable belief, may place an employee on an unpaid leave of absence pending the above review. The employee may substitute available paid leave pursuant to the terms of the particular leave policy.
AutoNDA by SimpleDocs
MEDICAL DISPUTES. A situation involving an Operator who is removed from service or refused permission to return to work from sick leave or a leave of absence due to a physical or mental disability preventing the Operator from performing all of their duties will be handled in the following manner: Step 1: Operators shall present to Human Resources a medical release from the physician that authorizes them to perform essential functions of their position. In the absence of such a medical release, the parties agree that no dispute exists. If the Employer does not accept the medical release, the Employer will, at its expense, refer the Operator to a physician of its choice for a medical examination. If the Employer's physician authorizes the Operator’s return to work, the Operator will be allowed to work, and the Employer agrees to pay all back wages and benefits from the date of the Operator’s original medical release. In the event the Employer's physician does not authorize the Operator’s return to work and the Operator still wishes to work, the Employer and Union will meet to resolve the issue. If no agreement can be reached, the Union may submit the matter to medical arbitration, as outlined in Step 2. Step 2: When the Operator’s physician and the Employer's physician disagree on whether the Operator may return to work, the two physicians shall discuss the issue. In the event these physicians cannot resolve the issue, the two physicians shall select a third physician who is a specialist in the appropriate field of medicine. The third physician shall serve as an arbitrator and will examine the Operator to determine whether the Operator can perform the essential functions of the position. The decision of the medical arbitrator shall be final and binding on the parties. The fees and expenses of the medical arbitrator shall be borne by the Employer. Should the medical arbitrator rule in favor of the Operator, the Operator shall be returned to work without loss in seniority. The medical arbitrator shall determine the date upon which the Operator, in the arbitrator's opinion, was able to fully perform the duties of the position.

Related to MEDICAL DISPUTES

  • Legal Disputes 3.1 Pursuant to New York City Health and Hospitals Corporation Act, Chapter 1016-69, Section 20, all actions against NYC Health + Hospitals shall be brought in the City , in the county in which the cause of action arose, or if it arose outside of the City , in the City , County of New York. The Parties consent to the dismissal or transfer to any claims asserted inconsistent with this section. If Vendor initiates any action in breach of this section, Vendor shall promptly reimburse NYC Health + Hospitals for any attorneys’ fees incurred to remove the action to the contractually agreed upon venue. 3.2 Actions against NYC Health + Hospitals by Vendor arising out of this Agreement must be commenced within six months of the expiration or termination of this Agreement. 3.3 Neither Party shall make a claim for personal liability against any individual, officer, agent or employee of the other, nor of the City, pertaining to anything done or omitted in connection with this Agreement.

  • Labour Disputes 15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Patent Disputes Notwithstanding anything in this Agreement to the contrary, any and all issues regarding the scope, construction, validity, and enforceability of any patent in a country within the Territory shall be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent laws of such country.

  • Merchant Disputes The Credit Union is not responsible for the refusal of any merchant or financial institution to honor your card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the card if you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending to you; or (b) your purchase cost more than $50.00 and was made in your state or within 100 miles of your home.

  • Arbitration of All Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago, Illinois, in accordance with the laws of the State of Illinois, by three arbitrators appointed by the parties. If the parties cannot agree on the appointment of the arbitrators, one shall be appointed by the Company and one by the Executive and the third shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the Chief Judge of the United States Court of Appeals for the Seventh Circuit. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 12. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that it shall be necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcement of his rights under this Agreement, the Company shall pay (or the Executive shall be entitled to recover from the Company, as the case may be) his reasonable attorneys' fees and costs and expenses in connection with enforcement of his rights (including the enforcement of any arbitration award in court). Payments shall be made to the Executive at the time such fees, costs and expenses are incurred. If, however, the arbitrators shall determine that, under the circumstances, payment by the Company of all or a part of any such fees and costs and expenses would be unjust, the Executive shall repay such amounts to the Company in accordance with the order of the arbitrators. Any award of the arbitrators shall include interest at a rate or rates considered just under the circumstances by the arbitrators.

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

  • Contract Disputes The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process: i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement.

  • Other Disputes Any other dispute (a “Dispute Item”) shall be resolved in accordance with the following provisions of this Article 7.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!