Worker’s Compensation is provided for the benefit of City employees in two forms; namely, (1) reimbursement of medical expenses and (2) disability allowances.
(a) Reimbursement of medical expenses will generally be made directly to the attending physician or hospital, provided that the injured employee has reported the accident to their supervisor, as soon as is possible, in writing, on the City’s “Employee’s Report of Injury or Accident” form provided by the supervisor.
(b) In the case of an employee being disabled as a result of an on-the-job injury, the injured employee may petition the proper state agency for a disability allowance.
(c) When an employee is unable to work as a result of an on-the-job injury, the City will continue to pay the employee their regular straight-time salary or hourly wage for up to sixty (60) calendar days. This wage continuation will revert to thirty (30) days if the Bureau of Workers’ Compensation established reserves for wage replacement. On-the-job injury leave wage continuation may be extended beyond sixty (60) days at the discretion of the City Manager. There will be no deduction from accumulated sick leave for the period of time during which an employee is receiving wage continuation pursuant to this section. Such wage continuation will not be awarded for any time in which the employee is receiving Workers’ Compensation disability benefits. At the conclusion of the wage continuation period, if the employee is still unable to return to work, the employee has the following options:
(1) Elect to receive disability payments from Workers’ Compensation. The employee would not draw the normal base wage from their accumulated leaves of absence.
(2) Elect to sign over their temporary total disability check to the City of Sidney and receive their normal base wage from their accumulated leaves of absence. The employee may not receive both temporary total disability and draw on their accumulated leaves of absence. When the employee signs over their disability checks to the City, they will be applied proportionately to reimburse the leave balances.
(d) Disability Separation. If an employee, as the result of an on the job injury, is unable to perform the substantial and material duties of their position for a period of twelve (12) consecutive months, the employee shall be placed on disability separation at the end of said twelve (12)-month period and the City may fill the position. Employees on disability separation shall be entitled to sick leave pay as long as they have unused sick leave to their credit.
(e) Reinstatement Rights. An employee given a disability separation shall have the right to reinstatement within two (2) years after having been given a disability separation to a position in the classification the employee held at the time of separation. When such employee is restored to their position, the former incumbent of such position shall be demoted to the next lower rank, and the less senior employee in years of service in the next lower rank shall be demoted, and so on down until the less senior employee in years of service has been reached, who shall be paid off, if necessary.
(f) Request for Reinstatement. Any request for reinstatement following a disability separation must not be later than one (1) year following a disability separation. The request must be in writing.
(g) Medical Examination. The employee requesting reinstatement from a disability separation shall be eligible for reinstatement after a medical examination, conducted by a physician to be designated by the City, or upon the submission of other appropriate medical documentation establishing that the disability illness, injury, or condition no longer exists.
(h) Light Duty. The City may offer temporary light duty to an employee who is receiving Workers’ Compensation, even if the employee has not requested light duty. If the employee refuses the light duty assignment, the City reserves the right to file an application to terminate Workers’ Compensation benefits and stop paying salary continuation.
(Ord. A-2065. Passed 12-12-96; Ord. A-2164. Passed 4-26-99; Ord. A-2282. Passed 12-10-01; Ord. A-2464. Passed 12-12-05; Ord. A-2705. Passed 12-12-11; Ord. A-2778. Passed 12-9-13; Ord. A-3111. Passed 11-28-22.)