163.10 ABSENCE DUE TO INJURIES RECEIVED IN COURSE OF EMPLOYMENT.
All regular full-time salaried or hourly rated employees of the City 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) Injured on Duty Leave (IOD). Injured on duty leave (IOD) shall be granted to any employee certified by the City as injured in the course and scope of City employment. If, however, an employee files for Temporary Total Disability Compensation (TT) or is working elsewhere during the time the employee claims to be disabled from his/her City job, IOD benefits will immediately stop.
If, after a Bureau determination or the administrative appeals process, whichever stage finalizes the process, it is found by the Bureau, the Industrial Commission or a court that the claim is not related to the employee's City of Youngstown job, the employee must reimburse the City for all IOD used by any means available: accumulated sick leave, vacation or regular biweekly pay deductions. The amount so used must be repaid within a twelve (12)-month period.
If the City does not certify a claim, the employee will be permitted to use his/her sick leave or vacation which shall be reimbursed if, after a bureau determination or the administrative appeals process, whichever stage finalizes the process, it is found by the Bureau, Industrial Commission or a court that the claim was incurred in the scope of City of Youngstown employment.
Any employee granted IOD will be required to apply for, attend and fully cooperate with the Workers' Compensation Rehabilitation Program.
After every thirty (30) days of IOD, up to the first ninety (90) days, the City may request that the employee undergo a medical review at the City's expense. After ninety (90) days, this review may be requested every three (3) months. The doctor will be mutually agreed to between the City and the employee. If, however, an agreement on a doctor is not reached within fourteen (14) days, the City and the employee agree that an alternate striking method from a list of specialists in the area of the employee's disability will be used to determine a doctor. This medical review will be used to grant or deny a request for continued IOD. If the physician determines that the employee is unable to work in any status, IOD shall be continued. If the employee is able to work in a "light duty" status, the City will provide work within his or her own department, if available.
If the physician determines that the employee is able to return to work, the employee may return to work or apply to Workers' Compensation for TT, in no event will the City continue to pay IOD or any other benefit after a doctor's determination that the employee is fit for work and the employee does not return to work.
All benefits for those off-duty on IOD, including IOD, will be continued for up to 365 non-consecutive days (including Saturdays, Sundays and holidays) in an eighteen (18)-month period from the date of injury if all requirements above are met. After that period, an employee unable to return to work can file for Workers' Compensation TT, but will not continue to be eligible for City benefits, including sick or vacation accrual. Hospitalization benefits for an employee who has exhausted IOD but is unable to return to work will be continued for another 365 days so long as that employee continues to provide the City with doctor's reports stating that he is unable to return to work at least every three (3) months.
The City reserves the right to recoup benefit payments to any employee who is guilty of submitting a false claim or abuse of the privilege covered in this section, or working for another employer while on injury leave, and to take disciplinary action. Examples of what might constitute “abuse” as used in this section, include an employee’s refusal to perform the duties associated with his/her transitional work duty assignment, failure to comply with the terms outlined in this section, etc.
If the employee is able to work in a light duty or transitional work assignment, the City will provide work within the department, if available. An employee working in a transitional assignment will be compensated at their regular rate of pay. The Worker’s Compensation Rehabilitation Program shall specify, as part of an affected employee’s rehabilitation program, the date upon which an employee in the program may fully resume his or her normal work duties. Upon an employee’s resumption of his or her normal work duties, the affected employee’s transitional work assignment shall be terminated. A light duty or transitional work assignment shall not exceed two (2) months, unless mutually agreed to by both the employee and the City.
The department or division head, in conjunction with the selected rehabilitation case manager, shall identify whether a transitional work assignment is available. However, it is not the intent of this section to require a department or division to provide transitional work above that identified nor is a department or division required to provide transitional work where no such appropriate tasks have been identified and recognized.
A City employee who declines to take part in a City’s transitional work program subsequent to a work-related injury shall be ineligible for any form of transitional work duties as otherwise contemplated herein. The City shall be under no obligation to identify potential transitional duties in any such case and its failure to do so shall not be construed by the employee as unequal or disparate treatment of the employee under the terms of this labor agreement.
(b) Employee Responsibility.
(1) The injured employee shall immediately report an injury received on duty to supervision. The report shall be filed during the tour of duty on the date the injury is received and shall be on forms issued by the Law Department.
(2) Thereafter within no less than three (3) days of the injury, the injured employee shall report the injury to the Law Department and shall timely complete all forms designated by the Law Department 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 Law Department with 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 Law Department on Law Department forms, which 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.
The failure to receive the above-described physician's report will be sufficient cause to deny or terminate injured-on-duty leave.
(c) Dispute Settlement. All disputes concerning injured-on-duty leave status of an employee shall be referred to the Law Department for resolution. The Law Director, successor or designee shall schedule and convene an informal hearing, if requested within thirty (30) days and shall determine the resolve all questions after the presentation of evidence by the employee. Failure or refusal to present evidence by the employee shall foreclose their right to present the evidence.
The decision of the Law Department shall be final. Additional remedies provided by law shall not be abrogated by this provision.
(Ord. 95994. Passed 12-21-77; Ord. 79-597. Passed 9-19-79; Ord. 83-134. Passed 4-13-83; Ord. 93-368. Passed 6-9-93; Ord. 01-404. Passed 12-19-01.)