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 teaching, and which physical incapacity shall be deemed to exist only if: a. The pregnant teacher fails to produce a certification from her physician that she is medically able to continue teaching, or b. The Board's physician and the teacher's physician agree that she cannot continue teaching, or c. Following any difference of medical opinion between the Board's physician and the teacher's physician, the Board may request expert consultation in which case a third impartial physician, agreed upon by the teacher and the Board, shall be appointed to examine the teacher and render a medical opinion which shall be conclusive and binding on the issue of medical capacity to continue teaching. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher and the Board.

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue teaching, and which physical incapacity shall be deemed to exist only if: a. The (1) the pregnant teacher fails to produce a certification from her physician that she is medically able to continue teaching, ; or b. The Board(2) the Board of Education's physician and the teacher's physician agree that she cannot continue teaching, ; or c. Following (3) following any difference of medical opinion between the Board's physician and the teacher's physician, the Board may request requires expert consultation consultation, in which case a third impartial physician, agreed upon by the teacher and the Board, Bergen County Medical Society shall be appointed requested to appoint an impartial third physician who shall examine the teacher and render a whose medical opinion which shall be conclusive and binding on the issue of medical capacity to continue teaching. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher and the Board.

Physical Incapacity. Her The Teacher's physical condition or capacity is such that his or her health would be impaired if he or she were to continue teaching, and which physical incapacity shall be deemed to exist only if: a. (1) The pregnant teacher fails to produce a certification certificate from his or her physician that he or she is medically able unable to continue teaching, or b. (2) The Board's physician and the teacher's physician agree that he or she cannot continue teaching, or c. (3) Following any difference of medical opinion between the Board's physician and the teacher's physician, the Board may request expert consultation consultation, in which case case, a third impartial physician, physician agreed upon by the teacher and the Board, shall be appointed to examine the teacher and render a medical opinion which shall be conclusive and binding on the issue of medical capacity to continue teaching. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher and the Board.