Common use of When Payments Shall be Denied Clause in Contracts

When Payments Shall be Denied. Notwithstanding the foregoing provisions of this Section, however, such payments shall not be made pursuant to this Section to an employee: a. who does not apply for or who does not receive temporary disability benefits under the Workers’ Compensation Law; b. whose injury or illness has become permanent; 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 position; d. who is retired on permanent disability or pension; e. who unreasonably refuses to accept other AHS employment for which he/she is not substantially disabled; f. whose injury or illness is the result of failure to observe AHS 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 employee; 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. Employees receiving industrial sick leave with pay shall maintain and accrue all benefits to which they are entitled under this Memorandum of Understanding at 100% of their regular schedule immediately preceding an industrial injury or illness.

When Payments Shall be Denied. Notwithstanding Pursuant to the Workers' Compensation provisions of the California Labor Code, and notwithstanding the foregoing provisions of this Section, however, such payments shall not be made pursuant to this Section subsection to an employee: a. (a) who does is not apply for or who does not receive currently receiving temporary disability benefits under the Workers’ ' Compensation Law; b. (b) whose injury or illness has become permanentpermanent and stationary or has reached maximum medical improvement; c. (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 positionusual and customary position perform the essential functions of the job, or the employee has been declared a "Qualified Injured Worker" (QIW); d. (d) who is retired on permanent disability or and/or disability retirement pension; e. (e) who unreasonably refuses to accept modified or other AHS County employment for which he/she is not substantially disabledqualified within his/her medical restrictions; f. whose injury or illness is the result of failure to observe AHS health or safety regulations or the commission of a criminal offense; g. (f) whose injury or illness has been aggravated or delayed in healing by reasons reason 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 employee; andand/or h. (g) 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. Employees receiving , and the employee has exhausted the industrial sick leave wage continuation granted in connection with pay shall maintain and accrue all benefits to which they are entitled under this Memorandum of Understanding at 100% of their regular schedule immediately preceding an industrial the initial injury or illness.

When Payments Shall be Denied. Notwithstanding Pursuant to the Workers' Compensation provisions of the California Labor Code, and notwithstanding the foregoing provisions of this Section, however, such payments shall not be made pursuant to this Section subsection to an employee: a. who does is not apply for or who does not receive currently receiving temporary disability benefits under the Workers’ ' Compensation Law; b. whose injury or illness has become permanentpermanent and stationary or has reached maximum medical improvement; 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 positionperform the essential functions of the job, or the employee has been declared a "Qualified Injured Worker" (QIW); d. who is retired on permanent disability or and/or disability retirement pension; e. who unreasonably refuses to accept modified or other AHS County employment for which he/she is not substantially disabledqualified within his/her medical restrictions; f. whose injury or illness is the result of failure to observe AHS 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 reason 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 employee; andand/or h. g. 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. Employees receiving , and the employee has exhausted the industrial sick leave wage continuation granted in connection with pay shall maintain and accrue all benefits to which they are entitled under this Memorandum of Understanding at 100% of their regular schedule immediately preceding an industrial the initial injury or illness.

When Payments Shall be Denied. Notwithstanding Pursuant to the Workers' Compensation provisions of the California Labor Code, and notwithstanding the foregoing provisions of this Section, however, such payments shall not be made pursuant to this Section subsection to an employee: a. (a) who does not apply for or who does not receive temporary disability benefits under the Workers’ ' Compensation Law; b. (b) whose injury or illness has become permanentpermanent and stationary; c. (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 positionusual and customary position and the employee has been declared a "Qualified Injured Worker" (QIW) and referred to Vocational Rehabilitation; d. (d) who is retired on permanent disability or and/or disability retirement pension; e. (e) who unreasonably refuses to accept modified or other AHS County employment for which he/she is not substantially disabled; f. whose injury or illness is the result of failure to observe AHS health or safety regulations or the commission of a criminal offense; g. (f) whose injury or illness has been aggravated or delayed in healing by reasons reason 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 employee; and; h. (g) 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. Employees receiving , and the employee has exhausted the one calendar year industrial sick leave wage continuation granted in connection with pay shall maintain and accrue all benefits to which they are entitled under this Memorandum of Understanding at 100% of their regular schedule immediately preceding an industrial the initial injury or illness.

When Payments Shall be Denied. Notwithstanding the foregoing provisions of this Section, however, such payments Payments shall not be made pursuant to this Section subsection 14.C.1. to an employee: a. who Who does not apply for or who does not receive temporary disability benefits under the Workers’ Compensation Law; b. whose Whose injury or illness has become permanentpermanent and stationary; c. whose 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 positionperform the essential functions of the job or the employee has been declared a “Qualified Injured Worker” (QIW); d. who Who is retired on permanent disability or and/or disability retirement pension; e. who Who unreasonably refuses to accept modified or other AHS County employment for which he/she is not substantially disabledqualified within his/her medical restrictions; f. whose Whose injury or illness is the result of failure to observe AHS County health or safety regulations or the commission of a criminal offense; g. whose 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 employee; and, and/or; h. whose 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. Employees receiving illness and the employee has exhausted the industrial sick leave wage continuation granted in connection with pay shall maintain and accrue all benefits to which they are entitled under this Memorandum of Understanding at 100% of their regular schedule immediately preceding an industrial the initial injury or illness.

When Payments Shall be Denied. Notwithstanding Pursuant to the Workers' Compensation provisions of the California Labor Code, and notwithstanding the foregoing provisions of this Section, however, such payments shall not be made pursuant to this Section subsection to an employee: a. who does not apply for or who does not receive temporary disability benefits under the Workers’ ' Compensation Law; b. whose injury or illness has become permanentpermanent and stationary or has reached maximum medical improvement; 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 positionperform the essential functions of the job or the employee has been declared a "Qualified Injured Worker" (QIW); d. who is retired on permanent disability or and/or disability retirement pension; e. who unreasonably refuses to accept modified or other AHS County employment for which he/she is not substantially disabledqualified within his/her medical restrictions; f. whose injury or illness is the result of failure to observe AHS 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 reason 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 employee; andemployee and/or; 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. Employees receiving , and the employee has exhausted the industrial sick leave wage continuation granted in connection with pay shall maintain and accrue all benefits to which they are entitled under this Memorandum of Understanding at 100% of their regular schedule immediately preceding an industrial the initial injury or illness.

When Payments Shall be Denied. Notwithstanding Pursuant to the Workers' Compensation provisions of the California Labor Code, and notwithstanding the foregoing provisions of this Section, however, such payments shall not be made pursuant to this Section subsection to an employee: a. who does is not apply for or who does not receive currently receiving temporary disability benefits under the Workers’ ' Compensation Law; b. whose injury or illness has become permanentpermanent and stationary or has reached maximum medical improvement; 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 positionusual and customary position perform the essential functions of the job, or the employee has been declared a "Qualified Injured Worker" (QIW); d. who is retired on permanent disability or and/or disability retirement pension; e. who unreasonably refuses to accept modified or other AHS County employment for which he/she is not substantially disabledqualified within his/her medical restrictions; f. whose injury or illness is the result of failure to observe AHS 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 reason 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 employee; andfollowed h. g. 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. Employees receiving , and the employee has exhausted the industrial sick leave wage continuation granted in connection with pay shall maintain and accrue all benefits to which they are entitled under this Memorandum of Understanding at 100% of their regular schedule immediately preceding an industrial the initial injury or illness.