(A) Any employee who is injured or who suffers occupational disease in the performance of his duties and who, as a result of such injuries or disease, receives weekly benefits under the Workers' Compensation Act of New Mexico, §§ 52-1-1 et seq. NMSA 1978, shall be granted injury time with full pay so long as a qualified doctor of Medicine (M.D.), Osteopathy (D.O.), or Podiatry (D.P.M.) designated by the city certifies that the injury required the employee's absence from his or her work. The Chief Administrative Officer may withhold payment of injury time to any employee if, upon investigation, the Chief Administrative Officer desires that the payment of injury time be withheld until such employee has settled his or her claim under the Workers' Compensation Act of New Mexico, §§ 52-1-1 et seq. NMSA 1978, against the city.
(B) Injury time shall be in addition to the number of days sick leave accumulated. An employee placed in physical layoff status shall return to the first available position closest to his or her former grade or classification as possible, for which he or she can qualify, when a qualified doctor of Medicine (M.D.), Osteopathy (D.O.), or Podiatry (D.P.M.), selected by the Chief Administrative Officer, certifies that such employee is physically able to perform such duties according to the physical qualifications of the job.
(C) Injury time shall not exceed the following stated maximum hours for any accidental injury, recurrence or aggravation of this injury or for any occupational accidental injury, recurrence or aggravation of this injury; or for any occupational disease, recurrence or aggravation of this disease.
Regular Work Week Working Hrs. | Maximum Injury Time |
40 hours
|
960 hours
|
56 hours
|
1,344 hours
|
(D) Subject to the deductions below, sums paid to employees under the terms of this section shall constitute a lien against any amount collected through settlement or court action by the employee against a third party causing the injury. Upon such payment the city may proceed against such third party in its own name or in the name of the injured employee to collect such injury time pay, and failure of the employee to cooperate with the city in any legal or other action will subject the employee to disciplinary action. As a condition of employment, an employee who receives workmen's compensation or injury time shall permit the city to bring an action against any responsible party for recovery of all such benefits paid to the employee.
(E) Injury time pay shall not exceed the difference between Workmen's Compensation benefits received and an employee's regular pay. There shall be deducted from salary received for injury time or sick leave granted for injury or occupational disease, any cash compensation benefits received under the Workmen's Compensation Laws of the State of New Mexico. In the event a lump sum settlement is made of the employee's claim under the New Mexico Workmen's Compensation Laws, the percentage of his or her disability shall be agreed upon at the time such lump settlement is made and deduction shall be made from his or her injury time as a result of his or her disability under the Workmen's Compensation Laws of the State of New Mexico; provided that in no event shall the total amount deducted exceed the amount of the lump sum settlement made with the employee.
('74 Code, § 2-9-16) (Ord. 52-1978; Am. Ord. 69-1988; Am. Ord. 29-1998)