Common use of PRESUMPTION OF DISABILITY Clause in Contracts

PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his or her regular duties as a firefighter because of a heart condition or respiratory ailment, it shall be conclusively presumed that such disability is attributable to his or her employment as a member of the Fire Department; in any case where an employee covered by this agreement is disabled from performing his or her regular duties as a firefighter because of hepatitis B or C, it shall be rebuttably presumed that such disability is attributable to his or her employment as a member of the Fire Department, and he or she shall be entitled to all of the benefits of the ordinances of the City of Warwick. For short-term disabilities under this paragraph, the inability to perform one’s duties must be verified by a qualified physician. No period of such disability shall be deducted from his or her sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement.

PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his or her regular duties as a firefighter because of a heart condition or respiratory ailment, it shall be conclusively presumed that such disability is attributable to his or her employment as a member of the Fire Department; in any case where an employee covered by this agreement is disabled from performing his or her regular duties as a firefighter because of hepatitis B or C, it shall be rebuttably presumed that such disability is attributable to his or her employment as a member of the Fire Department, and he or she shall be entitled to all of the benefits of the ordinances of the City of Warwick. For short-term disabilities under this paragraph, the inability to perform one’s duties must be verified by a qualified physician. No period of such disability shall be deducted from his or her sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. The City agrees to form a three member sub-committee under the Board of Public Safety to review and compose appropriate revisions to disability pension criteria in the Board of Public Safety Rules concerning work related cancer conditions.