All regular full-time employees of the Fire Department injured and incapacitated in the actual discharge of their duty, who as a result thereof, are compelled to be absent from duty, shall be entitled to leave of absence with pay subject to the following conditions:
(a) Eligibility.
(1) Each Fireman shall, in addition to the benefit provided by the State through "Workers' Compensation", be entitled to receive an Injury on Duty Benefit provided by the City.
(2) An Occupational Injury Benefit of up to 480 hours with pay may, with the approval of the Director of Safety, be granted as a result of an Injury on Duty incurred in the line of duty, except that an Injury on Duty Benefit from the City will not be available for injuries incurred during those times when the Fireman is actually engaged in administrative or clerical duties at the Fire Station facility, when a Fireman is on a meal or rest period, or when the Fireman is engaged in any personal business.
(b) Period of Absence.
(1) Absence from duty with pay resulting from injuries received in the actual discharge of an employee's duties shall not exceed 480 work hours from the date the employee was first compelled to be absent from duty as a result thereof unless an extension of the period is approved by the Mayor after his review of the investigation and written report.
(2) Employees requiring further medical treatment, after returning to duty from injured-on-duty leave, for complications resulting from the same injury or the treatment thereof, for which such leave was granted, may apply to the Mayor for the use of any unliquidated portion of the previously granted injured-on-duty leave. Further allowances may be granted only for surgical, therapeutic or rehabilitory procedures and only when such treatment cannot be obtained during nonduty hours.
(3) The total period of absence from duty with pay for injury received in the actual performance of duty shall not exceed 480 hours unless extension is approved by the Mayor after his review of the investigation and written report.
(4) No sworn employee of the Fire Department may receive injured-on-duty leave for any purpose after three years from the date of the injury for which such leave was originally granted, effective July 1, 1984.
(c) Employee Responsibility.
(1) The injured employee shall immediately report any injury received on duty to supervision. The report shall be filed during the tour of duty on the date the injury is received.
(2) Thereafter within no less than three days of the injury, the injured employee shall report the injury to the Fire Chief and shall timely complete all forms designated by the rules and regulations pertaining to injuries received during the actual performance of duty.
(3) Failure to report an injury on duty within the prescribed time periods shall render the employee ineligible for injured-on-duty leave.
(4) The filing requirements, as above described, may be waived by the Safety Director when the injury received physically prevents the employee from filing or when circumstances surrounding the injury require a waiver in the interest of justice.
(5) The employee shall cause a certified physician to file a written report with the Safety Director or submit to a medical examination conducted by a physician selected by the Safety Director authorizing the filing of a written report. Such report shall contain a description and diagnosis of the injury and a prognosis which shall include the nature and extent of any disability, the type of duty the employee may perform while under such disability and an estimate of the length of time necessary for recovery and return to duty.
(6) The failure to authorize the above described physician's report shall be sufficient cause to deny or terminate injured-on-duty leave.
(7) The employee will not be entitled to the benefits of this provision if he refuses to submit to a medical examination or the physician examining him reports that the injury does not prevent him from attending work.
(8) A Fireman who falsifies an application for Injured-on-Duty Benefits provided by the City or a physician's report is subject to disciplinary action, including dismissal. The Director of Safety shall, by rule, prescribe forms for the application and physician's report.
(9) In order to qualify for Injured-on-Duty Benefits, a Fireman injured in the line of duty must first make application for State Workers' Compensation Benefits, and be eligible to receive such benefits for any period that the City may subsidize earnings. Applications for City Occupational Injury Benefits approved by the Director of Safety will continue the normal weekly earnings of a qualified applicant until such applicant receives Workers' Compensation Benefits on a regular basis; however, upon receipt of such benefits, the applicant will be compelled to reimburse the City the amount equal to the amount received from Workers' Compensation for any period that the City made whole the applicant's normal earnings.
(10) The physician selected by the City shall report to the Director of Safety the results of the examination and whether or not the injury prevents the Fireman from attending work. The Director of Safety shall, by rule, provide for periodic medical examinations by a physician he selects of any employee who is using Occupational Injury Benefits provided by the City. The physician shall report to the Director of Safety the results of each examination, including a description of the progress made by the employee in recovering from the injury, and whether or not the injury continues to prevent the employee from performing his or her normal duties or whether light duty work can be assigned.
(d) City Prerogative. The City may require that an employee be examined by a certified physician chosen by the Safety Director.
(1) The City may, based on the recommendations of either or both physicians, require the employee to report for duty not inconsistent or incompatible with the recommendations of either physician. A refusal of duty as above described will terminate the employee's eligibility for injured-on-duty leave.
(2) The provisions herein determining eligibility for injured-on-duty leave in conjunction with the rules and regulations established by the Safety Director shall apply as standards for eligibility for injured-on-duty leave notwithstanding any rules, regulations, provisions or standards of the Ohio Bureau of Workers' Compensation or other agency to the contrary.
(e) Special Conditions.
(1) An employee carried on injured-on-duty leave status shall earn sick leave during the tenure of such status.
(2) An employee carried on injured-on-duty leave status will be eligible for vacation credits for the period the employee was carried on regular active duty status during the calendar year in which the employee was determined injured on duty and during the calendar year the employee returned to regular active duty status.
(3) Injuries received during duty periods determined to have proximately occurred as a result of pre-existing chronic disease shall not be eligible for injured-on-duty leave.
(4) Any compensation received by an employee from any source, including the Ohio Bureau of Workers' Compensation, that is reimbursement for wages for a period the employee was carried on Injured on Duty (IOD) status shall be paid over to the Treasury of the City. Before receiving any IOD pay, an employee shall enter into a written agreement with the City that such IOD pay will be repaid to the City upon the employee's receiving reimbursement for wages from any source for a period the employee was carried on IOD status. Such agreement shall also provide that the employee subrogates whatever rights of recovery accrue to the City against any party for loss to the extent that payment is made to the employee by the City. Compensation received as settlement of a claim exclusive of lost wages shall become the property of claimant.
(f) Dispute Settlement. All disputes concerning injured-on-duty leave status of an employee shall be referred to the Mayor for resolution. The Mayor shall schedule and convene hearings and shall determine and resolve all questions after the presentation of evidence by each party. Failure or refusal to present evidence by either party, shall foreclose their right to present the evidence unless the requirement is waived by the Mayor. The decision of the Mayor shall be final. Additional remedies provided by law shall not be abrogated by this provision.
(Ord. 75-84. Passed 7-10-84.)
(Ord. 75-84. Passed 7-10-84.)