(a) Whenever a laborer, mechanic, operator or driver within the Department of Public Service is injured in the course of his or her employment, which injury causes the employee to be disabled from his or her duties, and is caused in whole or in part by the negligence of a third party, a claim stating all facts and circumstances shall be filed with the Service Director for payment of wages by the City, not from accumulated sick leave, but from the regular payroll. The Director shall review the application and shall rule as to whether the injury occurred during employment through the negligence of some third party and without the contributory negligence of the employee. If he or she so finds, the Director shall order salary payment from the regular payroll account upon presentation of proof of disability from the employee's treating physician.
In order for such an injury to be compensable under this section, the incident of injury must be reported in writing to a supervisor by the close of a shift, even if the injury itself does not immediately develop or appear serious. The benefits shall commence upon the seventh day from the start of such period of disability and shall continue for a period of six months from that date.
If an employee is dissatisfied with the ruling of the Service Director as to the coverage of his or her injury by this section, the employee may appeal the decision for reconsideration to Council as a Whole, and the decision of the majority of Council shall be final. Duty injuries recognized under this procedure will include, but not be limited to, serious injuries to employees, such as being struck by a car while working along the streets or highways, or unprovoked assaults by third parties.
(b) Subsection (a) hereof is effective from January l, 1982, through December 31, 1982, with respect to automotive mechanics, apprentice automotive mechanics, laborers (Class "A") and fire hydrant mechanics.
Subsection (a) hereof is effective from January 1, 1980, through December 31, 1981, and thereafter until such time period is further amended, with respect to drivers and operators.
(c) Third parties will not be employees of the City.
(Ord. 150-80. Passed 12-15-80; Ord. 72-81. Passed 4-6-81; Ord. 234-81. Passed 12-21-81; Ord. 94-82. Passed 6-9-82.)