OCCUPATIONAL INJURY OR DISEASE. (1) Where a member who receives an injury in the course of the performance of police duties, the salary of the member is to be continued as if the accident had not occurred until such time as there is an adjudication of the Workplace Safety and Insurance Board in respect of the said accident.
(2) Any member
(a) who receives an injury in the course of the performance of the member's police duties, and
(b) who is in receipt of an award from the Workplace Safety and Insurance Board declaring the said injury to be compensable within the meaning of the Workplace Safety and Insurance Act, and
(c) when a member is absent by reason of an illness or injury occasioned by or as a result of the member's duty and where an award is made by the Workplace Safety and Insurance Board, the member shall, in addition to the Workplace Safety and Insurance award, receive such further amounts so as to provide that the total payment to the member not exceed the net pay such member would otherwise have received had the member not been absent provided the member consents, in keeping with the spirit and intent of the "Workplace Safety and Insurance Act", to a release of information regarding the member's ability to perform modified duties. For the purpose of this clause, net pay shall be the pay for the rank of the member as shown in Schedule "A" less those deductions required under Government Statutes, Pension Plans and as provided for in this Agreement. In any event it is acknowledged that the member's obligation to provide medical information is always subject to the provisions of the Workplace Safety and Insurance Act. Similarly, the employer's obligation to provide modified duties is subject to the provisions of the Workplace Safety and Insurance Act, the Police Services Act and the Ontario Human Rights Code.
(3) Notwithstanding any provision of this Agreement, or of Schedule "B" attached hereto, there is to be no deduction from or loss of Cumulative Sick Leave credits under the Cumulative Sick Leave Plan set forth in Schedule "B" attached hereto and forming part of this Agreement.
(4) Notwithstanding Section 2 of this Article, the Board confirms that with the implementation of this new policy governing members going on Workplace Safety and Insurance Compensation, any member who goes on compensation and is within the last five (5) years of service, this new Policy would not adversely affect the member's pension.
(5) Where a member is injured as a result of the carrying out of th...
OCCUPATIONAL INJURY OR DISEASE. Where a member who receives an injury in the course of the performance of police duties, the salary of the member is to be continued as the accident had not occurred until such time as there is an adjudication of the Workplace Safety and Insurance Board in respect of the said accident. Any member
OCCUPATIONAL INJURY OR DISEASE.
SECTION 4. The length of time an employee is forced to be off work due to a compensable injury or disease shall be included in the computation of his/her length of service with the City.
SECTION 5. Personal Days, Holidays, and Vacation Days that he/she had earned prior to and through the. first six months of injury; will be paid to the employee prior to the end of the six month period following the injury if the employee so elects. These benefits will not be banked for more than an additional six months.
SECTION 6. After the initial six month period, if an employee is still eligible for work disability benefits under the Workers Compensation Law, the employee may elect a salary payment which, with his/her work disability payment from Workers compensation, equals his/her regular net salary (gross income - less social security, federal and state tax, and retirement deductions). The total hours necessary to equal this payment will be charged against his/her sick time accumulation for each pay period an employee receives this additional payment.
SECTION 7. The City will continue payments on life and health insurance, in the manner specified in this Agreement, during an employee's full pay period, as in Section 1, and/or during an employee's extended medical leave, as in Section 2, or until said employee is entitled to: (1) complete disability pension; or (2) Medicare; and/or (3) Medicaid.
SECTION 8. Before an employee can return to work after a compensable injury or disease, he/she must submit to a physical examination by the City authorized medical facility/specialist, and present a doctor's certificate stating that he/she is fit to return to work.
SECTION 9. If there are no restrictions placed on the employee by the City authorized medical facility/specialist, the employee may return to his/her old classification. The employee will be given a thirty (30) working-day period in which to prove that his/her full capabilities are restored. The employee may be required to be re-examined by the City authorized medical facility/specialist if the Administration does not agree as to the employees capabilities of performing the job assignments.
OCCUPATIONAL INJURY OR DISEASE. (a) Where a Member who receives an injury in the course of the performance of police duties, the salary of the Member is to be continued as if the accident had not occurred until such time as there is an adjudication of the Workplace Safety and Insurance Board (WSIB) claim with respect to the said accident.
(i) Re-occurrences will be on one hundred percent (100%) salary continuance as set out in Section 11.1(a) of this Article, until such time as the claim is adjudicated and approved by WSIB.
(ii) Once adjudicated the Member will be paid as set out herein.
(iii) Members on an approved return to work accommodation, working greater than eight (8) hours per week, for up to six (6) months, will be on one hundred percent (100%) salary continuance as set out in Section 11.1(a) of this Article. Thereafter the Member will be paid in accordance to 11.1(b).
(iv) Members on approved permanent accommodation with reduced hours will receive pay for actual hours worked. Any approved WSIB loss of earnings time would be paid as per this article.
(v) Members who call in sick while on an approved WSIB accommodation and in receipt of WSIB payments, will be recorded as sick and deducted the applicable sick time from their sick banks unless the reason for the absence is related to the WSIB claim.
(b) Where a Member’s claim is allowed by the WSIB, the Member will continue to be paid by the Police Services Board under the following formula:
(i) The Member will be paid the loss of earnings (“XXX”) awarded by the WSIB.
(ii) A top up to one hundred percent (100%) of pre-disability net using a formula which takes into consideration:
a. the XXX set out in section 11.1(b)(i).
b. traditional statutory deductions and Associations dues.
c. the anticipated income tax that would have likely been returned to the Member had the Member continued to receive full salary with regular deductions,
d. the individual Member’s net claim code per the TD1 filed with the Employer at the time of disability.
OCCUPATIONAL INJURY OR DISEASE. SECTION 1. An employee who is hospitalized or under a doctor's care, who is not able to report to work as a result of an injury or disease sustained while in the direct line of duty for the City, shall receive full pay at hisiher regular rate and all fringe benefits, for a period not to exceed 26 weeks. All Workers Compensation checks received during this period must be returned to the City as they are received by the employee. This method of payment shall be applicable to each new injury or disease.
SECTION 2. If, after the 26-week full-pay period outlined in Section 1, an employee is still unable to report to work, orif an employee exceeds the 26-week full-pay period because of a recurring injury or disease, he/she shall be placed on an extended medical leave and his/her pay shall be as prescribed by Workers Compensation Laws.
SECTION 3. During the time an employee is on an extended medical leave as per Section 2, helshe shall accrue no sick, vacation or personal days, nor receive any holiday pay. Xxxxxx will receive longevity pay prorata for the year in which extended medical leave begins and the year in which extended medical leave ends, provided the employee returns to work before November 30th of that year, and has not received longevity pay for that year.
OCCUPATIONAL INJURY OR DISEASE. FRINGE BENEFITS (continued) The City will continue payments on Life and Health Insurance, in the manner specified in this Agreement for the duration of his/her disability or until such time that the employee is entitled to (1) complete disability pension; or (2) Medicare and Medicaid, not inconsistent to any other articles of this contract.
OCCUPATIONAL INJURY OR DISEASE.
SECTION 10. If there are any restrictions placed on the employee by the above-mentioned doctor's certificate, and/or by the examination of the City authorized medical facility or doctor, said employee shall be reclassified as a "restricted employee." In this classification, the employee shall receive the rate of pay and classification he/she was receivinq on the date of injury. The employee will receive no increases above this rate until such time as the rate of pay and classification of the position which the employee can perform exceeds the rate being paid. Said employee shall remain as a restricted employee and be assigned jobs in any department where such jobs exist or can be performed until such time as all restrictions are removed by the City authorized medical facility or doctor. Upon the relinquishment of any restrictions on the employee by the Doctor, the employee will follow the procedure as outlined in SECTION 9 above.
SECTION 11. The employee, or his/her designee, shall report at least once per week. to the Chief of Police or designee regarding his/her physical condition, to assure management the opportunity to properly schedule work. The employee shall notify the City at least five (5) working days before reporting back to work.
