(a) All City employees are covered under Chapter 23 of the Code of West Virginia, known as the Workers’ Compensation Act, for injuries or death incurred in the course of and resulting from their employment with the City. The amount of compensation and payment will be determined by the State of West Virginia in accordance with the provisions of the Workers’ Compensation Act.
(b) An employee may elect to receive accrued sick leave benefits upon incurring injuries covered under the Workers’ Compensation Act, but only until such time as the employee accepts Workers’ Compensation Benefits, or for the first three days following the date of injury, whichever comes first. In no case may an employee receive accrued sick leave benefits from the City at the same time and for the same injuries as the employee receives Workers’ Compensation Benefits. If the employee has received three days’ sick leave benefits and has not yet been awarded Workers’ Compensation Benefits, then the employee may elect to receive additional sick leave benefits but will be required to reimburse the City for any sick leave benefits which were received during the period Workers’ Compensation is deemed to be applicable; provided, that the employee’s failure to reimburse the City for such sick leave benefits shall subject the employee to disciplinary action, including dismissal.
This provision does not apply to permanent benefits.
(c) A City employee who incurs an injury while engaged in employment other than that directed by the City shall not be entitled to receive sick leave benefits from the City. If such employee who is injured while engaged in employment other than that directed by the City is, in the opinion of his supervisor or his personal physician, capable of performing his regular duties, or irregular or light duties, he shall be assigned such duties by his supervisor. Failure to perform such duties shall be deemed misconduct and subject the employee to disciplinary action. If any provision of this subsection conflicts with civil service laws, rules and/or regulations which are applicable to the City, such laws, rules and/or regulations shall control.
(Ord. 2041. Passed 4-1-04.)
(d) The City of South Charleston is committed to returning its employees to modified or alternative work immediately or as soon as possible following a job-related injury and in order to implement this objective adopts the following guidelines and practices:
(1) If the employee’s treating physician determines that the employee is unable to perform his or her regular job duties, the employee must contact the Workers’ Compensation Administrator within 24 hours after being advised of work restrictions by the employee’s physician. The employee must also provide the physician’s name, address and phone number.
(2) The Workers’ Compensation Administrator will follow up with the employee’s treating physician and BrickStreet Insurance’s Return-to- Work specialist to alert the employee’s treating physician that the City of South Charleston has a Return-to-Work program in place and will provide the employee’s physician with the employee’s job description specifically outlining the physical demands of the job. The employee’s physician will be asked to complete a Physician Statement of Physical Capabilities so the appropriate personnel at the City of South Charleston can determine if accommodations can be made to the employee’s existing job or an alternative job can be identified for assignment of the employee. It will be the responsibility of the Worker’s Compensation Administrator to follow up with the employee’s physician regarding the completed worksheet.
(3) Once it has been determined a modified/alternative job is available, the Workers’ Compensation Administrator will submit the job offer to the employee’s physician for the physician’s approval and signature. A copy of such document will be sent to the employee when the employee is contacted in writing with the starting date and time the employee is scheduled to report to work. It is the employee’s responsibility to alert the appropriate BrickStreet claims adjuster if only part-time work is available so that eligibility for partial benefits can be reviewed and evaluated.
(4) It is the employee’s responsibility to report to his or her direct supervisor and the Workers’ Compensation Administrator if there are job duties the employee reasonably believes cannot be performed while working modified duty. The Workers’ Compensation Administrator will discuss such issues with the employee’s physician and BrickStreet’s Return-to- Work specialist. An external field case manager may be assigned by BrickStreet to the employee’s claim if successful return to work is not possible.
(Ord. 2126. Passed 1-17-10.)
(Ord. 2126. Passed 1-17-10.)