Common use of Physical Incapacity Clause in Contracts

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue or resume working, and which physical incapacity shall be deemed to exist only if: 1) the pregnant employee fails to produce a certification from her physician that she is medically able to continue work following a request by the Board for such certification; or, 2) the Board’s physician and the employee’s physician agree that she cannot continue working; or, 3) following any difference of medical opinion between the Board’s physician and the employee’s physician, the Board requests expert consultation in which case the Xxxxxx County Medical Society shall appoint an impartial third physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working or to remain on disability leave occasioned by pregnancy. The expense of any examination by an impartial third physician under this paragraph shall be paid by the Board.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue or resume working, and which physical incapacity shall be deemed to exist only if: 1(a) the pregnant employee fails to produce a certification from her physician that she is medically able to continue work following a request by the Board for such certification; or,; 2(b) the Board’s physician and the employee’s physician agree that she cannot continue working; or, 3(c) following any difference of medical opinion between the Board’s physician and the employee’s physician, the Board requests expert consultation in which case the Xxxxxx County Medical Society shall appoint an impartial third physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working or to remain on disability leave occasioned by pregnancy. The expense of any examination by an impartial third physician under this paragraph shall be paid by the Board.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Contract Agreement

Physical Incapacity. Her The administrator’s physical condition or capacity is such that her health would be impaired if she were to continue or resume working, and which physical incapacity shall be deemed to exist only if: (1) the pregnant employee administrator fails to produce a certification from her physician that she is medically able to continue work following a request by the Board for such certification; or, (2) the Board’s physician and the employeeunit member’s physician agree that she cannot continue working; or, (3) following any difference of medical opinion between the Board’s physician and the employeeadministrator’s physician, the Board requests expert consultation in which case the Xxxxxx County Medical Society shall appoint an impartial third physician who shall examine the employee administrator and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working or to remain on disability leave occasioned by pregnancy. The expense of any examination by an impartial third physician under this paragraph shall be paid by the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue or resume workingemployment, and which physical incapacity shall be deemed to exist only if: 1(i) the The pregnant employee fails to produce a certification from her physician that she is medically able to continue work following a request by the working, or (ii) The Board for such certification; or, 2) the Board’s of Education's physician and the employee’s physician agree that she cannot continue working; , or, 3(iii) following Following any difference of medical opinion between the Board’s 's physician and the employee’s 's physician, the Board requests expert consultation in which case the Xxxxxx Local County Medical Society shall appoint an impartial third physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working or to remain on disability leave occasioned by pregnancyworking. The expense expenses of any examination by an impartial third physician under this paragraph shall be paid shared equally by the employee and the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue or resume working, working and which physical incapacity shall be deemed to exist only if: (1) the The pregnant employee fails to produce a certification from her physician that she is medically able to continue work following a request by the Board for such certification; or,; (2) the The Board’s physician and the employee’s physician agree that she cannot continue working; or, (3) following Following any difference of medical opinion between the Board’s physician and the employee’s physician, the Board requests expert consultation in which case the Xxxxxx County Medical Society shall appoint an impartial third physician who shall examine the employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working or to remain on disability leave occasioned by pregnancy. The expense of any examination by an impartial third physician under this paragraph shall be paid by the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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