(a) A municipal official or employee who suffers a compensable industrial injury or illness while lawfully acting within the course and scope of employment can, subject to this section, be considered eligible, at the discretion and express direction of the Village Administrator or his designee, to continue to receive regular salary or wages in lieu of Workers Compensation lost time benefits.
(b) Qualifications
(1) The injury or illness must be determined to be compensable by the Village Administrator, or in the case of dispute, the Ohio Industrial Commission.
(2) Competent medical proof of disability in a form acceptable to the Village must be provided.
(3) The employee must complete a report of injury and sign a wage continuation agreement, and medical release.
(4) The Village reserves the right to have the employee examined by a physician of its choice at the Village’s cost to confirm the medical diagnosis and/or the period of disability. Failure to submit to examination will result in termination of wage continuation benefits.
(5) Wage continuation benefits will be paid only for those periods of lost time that otherwise would qualify the employee for receipt of workers’ compensation lost time benefits, subject to the following limitation.
(c) Termination Conditions. Wage continuation payments may be terminated by the Village upon any of the following conditions:
(1) Attending physician releases employee to return to work.
(2) Employee returns to work for another employer.
(3) Employee fails to return to a transitional “limited duty” assignment consistent with his or her medical restrictions as approved by the injured workers’ treating physician.
(4) Employee fails to appear for employer-sponsored medical examination.
(5) Employee has reached maximum medical recovery and/or the condition has become permanent.
(6) The claim is found to be fraudulent after payment has been commenced.
(7) The injured worker attempts to collect both wage continuation and workers compensation temporary total compensation.
(8) Employment termination.
(9) Violation of any Village policy or guideline.
(10) Regardless of the above conditions of termination, the Village may, at any time and at its sole discretion, terminate wage continuation benefits, at the direction of the Village Administrator or his designee.
(11) The wage continuation plan and all benefits can be terminated at the Village’s discretion at any time. (Ord. 07-19. Passed 7-23-07.)