Common use of When Payments Denied Clause in Contracts

When Payments Denied. Payments shall not be made pursuant to subsection 11.J.2. to an employee: a. Who does not apply for or who does not receive temporary disability benefits under the Worker's Compensation Law, b. Whose injury or illness has become permanent and stationary, c. Whose injury or illness, although continuing to show improvement, is unlikely to improve sufficiently to permit the employee to return to work in his/her usual and customary position, and the employee has been declared a “Qualified Injured Worker” (QIW) and referred to vocational rehabilitation. d. Who is retired on permanent disability and/or disability retirement pension, e. Who unreasonably refuses to accept other County employment for which he/she is not substantially disabled, f. Whose injury or illness is the result of failure to observe County health or safety regulations or the commission of a criminal offense, g. Whose injury or illness has been aggravated or delayed in healing by reasons of the failure of the employee to have received medical treatment or to have followed medical advice, except where such treatment or advice has not been sought or followed by reason of the religious beliefs of the employees, and h. Whose injury or illness is a recurrence or re-injury of an earlier job-related injury or illness, or is contributed to by a susceptibility or predisposition to such injury or illness related to an earlier job-related injury or illness.

When Payments Denied. Payments shall not be made pursuant to subsection 11.J.2. to an employee: a. Who does not apply for or who does not receive temporary disability benefits under the Worker's Compensation Law, b. Whose injury or illness has become permanent and stationary, c. Whose injury or illness, although continuing to show improvement, is unlikely to improve sufficiently to permit the employee to return to work in his/her their usual and customary position, and the employee has been declared a “Qualified Injured Worker” (QIW) and referred to vocational rehabilitation. d. Who is retired on permanent disability and/or disability retirement pension, e. Who unreasonably refuses to accept other County employment for which he/she the employee is not substantially disabled, f. Whose injury or illness is the result of failure to observe County health or safety regulations or the commission of a criminal offense, g. Whose injury or illness has been aggravated or delayed in healing by reasons of the failure of the employee to have received medical treatment or to have followed medical advice, except where such treatment or advice has not been sought or followed by reason of the religious beliefs of the employees, and h. Whose injury or illness is a recurrence or re-injury of an earlier job-related injury or illness, illness or is contributed to by a susceptibility or predisposition to such injury or illness related to an earlier job-related injury or illness.