(a) All members applying for total and temporary or total and permanent disability benefits shall be examined by at least two physicians under the direction of the staff at Marshall University, West Virginia University, Morgantown or West Virginia University, Charleston: Provided, that if such member's medical condition cannot be agreed upon by two such physicians, a third physician shall examine such member. Such medical examination shall include the review of such member's medical history. The expense of the member's transportation to such medical examination and the expense of the medical examination shall be paid by the Board of Trustees. Such medical expense shall not exceed the reasonable and customary charges for such services.
(b) Effective for members becoming eligible for total and temporary disability benefits, initially or previously under this subsection, allowance for initial or additional total and temporary disability payments, the amount thereof to be determined as set forth in Section 141.10, shall be paid to such member during such disability for a period not exceeding twenty-six weeks if after medical examination in accordance with subsection (a) hereof, two examining physicians report in writing to the Board of Trustees that:
(1) such member has become so totally, physically or mentally disabled from any reason, as to render such member totally, physically or mentally, incapacitated for employment, and (2) it has not been determined if such disability is permanent or it has been determined that such disability may be alleviated or eliminated if such member follows a reasonable medical treatment plan or reasonable medical advice. Provided that in any event a member is not eligible for total and temporary disability payments following the fourth consecutive twenty-six week period of total and temporary disability unless such subsequent disability results from a cause unrelated to the cause of the four previous periods of total and temporary disability. During such two-year period of such total and temporary disability, the Department is required to restore such member to his former position in the Department at any time he is determined to be no longer disabled. Provided, that the Department may refill, on a temporary basis, the position vacated by such member after the first twenty-six weeks of his temporary disability.
(c) Effective for members becoming eligible for total and permanent disability benefits initially under subsection (b) hereof, allowance for total and permanent disability payments, the amount thereof to be determined as specified in Section 141.10 shall be paid to such member after a medical examination in accordance with subsection (a) hereof, two examining physicians report in writing to the Board of Trustees that such member has become so totally physically or mentally, and permanently disabled, as approximate result of service rendered in the performance of his duties in such Department, as to render such member totally, physically or mentally and permanently incapacitated for employment as a Waterworks employee or, if such member has been a member of such Department for a period of not less than five consecutive years preceding such disability, such member has become so totally, physically or mentally, and permanently disabled from any reason other than service rendered in the performance of his duties in such Department, as to render such member totally, physically or mentally, and permanently incapacitated for employment. The phrase "totally, physically or mentally and permanently disabled" shall not be construed to include a medical condition which may be corrected if such member follows a reasonable medical treatment plan or reasonable medical advice.
(d) Effective for members becoming eligible for total and temporary disability benefits under the provisions of subsection (b) hereof, any payments for total and temporary disability for a period during such disability not exceeding twenty-six weeks shall cease at the end of such twenty-six week period under the following conditions.
(1) such member fails to be examined as provided in subsection (a) hereof, or (2) such member is examined or re-examined as provided in subsection (a) and two examining physicians report to the Board of Trustees that such member's medical condition does not meet the requirements of subsection (b) or (c) hereof.
(e) Effective for members becoming eligible for total and temporary disability benefits under subsection (b) hereof, subsequent to such member's receipt of total and temporary disability payments for a period of two years, such payments shall cease at the end of such two-year period under the following conditions: (1) such member fails to be examined as provided in subsection (a) hereof, or (2) such member is examined or re-examined as provided in subsection (a) and two examining physicians report to the Board of Trustees that such member's medical condition does not meet the requirements of subsection (c) hereof.
(Ord. 0-355. Passed 12-11-84)