(a) Generally. Whenever a uniformed officer sustains an accidental injury arising out of and during the course of employment with the County that is compensable under the State Workers' Compensation Law and the officer files a claim with the State Workers' Compensation Commission, the officer:
(1) is entitled to regular pay during the period of temporary total disability if the amount awarded as temporary total disability payments under compensation laws is endorsed by the employee over to the County; or
(2) may elect to use earned annual leave, during which period the officer is entitled to receive regular pay plus the amount awarded as temporary total disability payments under the State Workers' Compensation Law.
(b) Exhaustion of annual leave. If the officer elects to use annual leave and such leave is exhausted before the officer is able to return to work, the officer is entitled to receive regular pay under the provisions of subsection (a)(1) for the duration of the period of temporary total disability.
(c) Accumulation of annual leave. The officer may accumulate annual leave at the contracted rate, including holidays and special administrative days, during the period of temporary total disability.
(d) Temporary total disability exceeding six months. Whenever the period of temporary total disability exceeds six months, or if it appears within six months that the injury will permanently preclude the officer from returning to usual duties, the officer shall submit to medical examination by a physician of the County's choice and shall be considered for retirement under the applicable retirement plan.
(e) Third-party negligence awards. Whenever the injury to a uniformed officer is due to the negligence of a third party who is not a County employee, against whom a claim, demand, or suit is filed by the officer, the County is entitled to reimbursement for regular compensation paid to the officer in excess of the compensation award for temporary total disability out of a settlement or judgment obtained by the officer against the third person.
(1985 Code, Art. 8, § 1-309) (Bill No. 56-86; Bill No. 65-97)