Common use of OCCUPATIONAL INJURY OR DISEASE Clause in Contracts

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 the member's duties and is covered by the Workplace Safety and Insurance Board, the member shall be entitled to vacation and statutory holidays, and where the member is unable to receive the said vacation or statutory holidays, that the member be permitted to carry them over into the succeeding calendar year. If for good cause the member was unable to take them in the succeeding calendar year, that the member be permitted to carry them into the second calendar year following the year in which the member received the injury. When the member carries the vacation or statutory holidays over, the member is entitled to receive the time off and not to receive any payment in lieu.

OCCUPATIONAL INJURY OR DISEASE. (1a) 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. (2b) Where a member’s claim for occupational injury is denied by the Workplace Safety and Insurance Board and the member has been paid full salary as per Article (a) any monies paid shall be deemed a salary overpayment. In the event of salary overpayment, the member’s sick bank will be debited for the equivalent of salary overpayment. Where a member does not have sufficient sick bank credits to cover the salary overpayment, the member will be personally responsible for paying back the employer for the equivalent salary overpayment. 11.2 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 BoardAct, 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) 11.3 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) 11.4 Notwithstanding Section 2 11.2 of this Article, the Board confirms that with the implementation of this new policy governing members going on Workplace Safety and Insurance Workers' 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) 11.5 Where a member is injured as a result of the carrying out of the member's duties and is covered by the Workplace Safety and Insurance Board, the member shall be entitled to vacation and statutory holidays, and where the member is unable to receive the said vacation or statutory holidays, that the member be permitted to carry them over into the succeeding calendar year. If for good cause the member was unable to take them in the succeeding calendar year, that the member be permitted to carry them into the second calendar year following the year in which the member received the injury. When the member carries the vacation or statutory holidays over, the member is entitled to receive the time off and not to receive any payment in lieu.

OCCUPATIONAL INJURY OR DISEASE. (1a) 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. (2b) Where a member‟s claim for occupational injury is denied by the Workplace Safety and Insurance Board and the member has been paid full salary as per Article (a) any monies paid shall be deemed a salary overpayment. In the event of salary overpayment, the member‟s sick bank will be debited for the equivalent of salary overpayment. Where a member does not have sufficient sick bank credits to cover the salary overpayment, the member will be personally responsible for paying back the employer for the equivalent salary overpayment. 11.2 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 BoardAct, 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) 11.3 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) 11.4 Notwithstanding Section 2 of this ArticleArticle 11.2, the Board confirms that with the implementation of this new policy governing members going on Workplace Safety and Insurance Workers' 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) 11.5 Where a member is injured as a result of the carrying out of the member's duties and is covered by the Workplace Safety and Insurance Board, the member shall be entitled to vacation and statutory holidays, and where the member is unable to receive the said vacation or statutory holidays, that the member be permitted to carry them over into the succeeding calendar year. If for good cause the member was unable to take them in the succeeding calendar year, that the member be permitted to carry them into the second calendar year following the year in which the member received the injury. When the member carries the vacation or statutory holidays over, the member is entitled to receive the time off and not to receive any payment in lieu.