Article 38 of the NP-2 Contract

 

Workers’ Compensation

 

Section One. Where an employee has become temporarily and totally disabled as a result of illness or injury caused directly by his/her employment, said employee may, pending final determination as to the employee’s eligibility to receive Workers’ Compensation benefits, charge said period of absences to existing leave accounts, provided the employee so requests. Where a determination is made supporting the employee’s claim, State authorities shall take appropriate steps to rectify payroll and leave records in accordance with said determination.

Section Two. Upon a final and non-appealable decision by an appropriate State authority that an employee is entitled to receive Workers’ Compensation benefits, said employee shall receive his/her first payment no later than four weeks following such determination. Accrued leave time may be used to supplement Workers’ Compensation payments up to but not beyond the regular salary, provided that no charges shall be made to such leave time without a signed authorization form from the employee.

Section Three. Upon a final and non-appealable finding by an appropriate State authority that an employee has contracted a communicable or contagious disease in the course of his/her employment, the employee shall receive one hundred (100%) percent Workers’ Compensation benefits for the duration of his/her incapacity. Such benefits shall be equal to those specified for bodily injury in Section 5-142(a) of the Connecticut General Statutes.

Section Four. Following recuperation from a compensable injury or illness when an employee’s physician certifies he/she is capable of returning to limited duty, the employee will request such limited duty of his/her employer.  The employee will be assigned to limited duty under the following conditions:

(a)        The employee shall be assigned to any available work the employee is capable of performing whether or not such duty is in the employee’s regular job classification.

(b)        Such limited duty does not consist of unproductive assignments.

(c)        Such limited duty can be found without fear of further injury to the employee.

(d)        The employer shall make a good faith effort to provide such limited duty; however, the final determination shall be made by the employer.

(e)        The length of this assignment shall normally not be more than thirty (30) work days.  The length of this assignment shall be extended when there is documentation from a physician that the employee is capable of returning to full regular duty within a reasonable period of time.

When it is determined in the course of this assignment that the employee is fully recovered, he/she will be returned to full duty.  If there is no limited duty available, the employee shall be referred back to the Workers’ Compensation Division until the doctor certifies the employee’s ability to return to normal duty.  The employer may provide retraining for an equivalent position which the employee will be able to perform, if the employee cannot return to the previous job.

Section Five. In the event of a finding by the employer that an employee is exposed to or has come in contact with an active, compensable, communicable or contagious disease in the course of his/her employment, the employer shall take whatever action it deems necessary and practicable to immunize or medicate the employee from the disease. Such treatment shall be provided at no cost to the employee and with no loss of pay of benefits. The employee shall have the right to refuse such treatment. In the event of such refusal, the employer may place such employee on home status with or without pay. If home status is without pay, the employee may use his/her earned time account.  Such decision is not grievable.

Section Six. Present agency practices with reference to employee families who have or may have been exposed to communicable diseases shall remain in effect.

Section Seven. When the employer has reason to believe there is potential for infectious disease or contagion, it may require treatment of employees potentially affected by such disease or contagion.  In the event the employee refuses treatment, he/she may be transferred to a location not likely to be affected by the disease or contagion. Such transfer shall not be subject to the grievance procedure.

Section Eight. The employer will continue to pay the applicable current contributions for life insurance and hospital and medical insurance for employees receiving or eligible to receive Workers’ Compensation benefits, i.e., Temporary Partial, Temporary Total, Specific Indemnity, and while enrolled in workers’ rehabilitation programs. The parties do not intend to enlarge, diminish, or otherwise alter such benefits as may be provided for by law.

Section Nine. The State agrees to process Workers’ Compensation forms in a timely manner. The parties shall continue to cooperate and meet as needed to resolve problems of mutual concern involving the Workers’ Compensation process.

Section Ten. 1. When an employee sustains an on-the-job injury, he/she shall immediately inform the supervisor who shall contact the appropriate authority within 24 hours. The supervisor in turn shall complete, sign and forward the accident report to the appropriate party, normally within two (2) working days. The supervisor’s preparation and signing of the report shall not be viewed as agreement with or first hand knowledge of the circumstances surrounding the injury.

If the employee cannot, through no fault of his/her own, give immediate notice, the supervisor shall process the report as above as soon as possible and notify the appropriate authority.

2. Agency personnel shall forward the WCPER-207 (accident report), the pre-audit figures and the form 201 (notice of time lost) to the Workers’ Compensation carrier normally within ten (10) working days of the accident.

3. An employee shall sign a sick leave election form (CO-715) at the onset of his/her injury or at every new period of absence relating to said injury, indicating whether or not he/she wishes to use accrued leave while awaiting Workers’ Compensation, and/or one third of accrued leave to make up a full day’s pay. He/she should also be given the appropriate Workers’ Compensation physician forms (208 and 209).

4. The agency/insurance carrier shall advise the employee of problems and/or missing forms which are needed to process payment of Workers’ Compensation benefits.

5. When the State agency receives a Workers’ Compensation check for an employee, it shall send the check to the employee immediately, provided the employee did not use accrued time. If the employee did use accrued time, the State shall make the necessary adjustments and see that the employee has his/her portion of the check normally within five working days. The State shall restore leave balances within two weeks of receipt of the employee’s check restoring such time.

6. Following full recuperation from a compensable injury or illness, an employee will be returned to his/her position at the same shift at the salary he/she would have been receiving if never injured.

7. Unless contested by the insurance carrier, the employee shall be paid for days lost from work pursuant to 5-143. Such pay is not to be taken from employee’s leave accounts. In the case of patient related injuries (5-142) full pay compensation shall begin the day following the injury.

8. The employee shall be paid as though working on the day of the injury, to attend Workers’ Compensation hearings, and to receive medical attention or keep medical appointments including necessary travel time.

9. When an employee is released for limited duty, or selective work, he/she should report to his/her employer and request same.  If the employer cannot provide limited duty, employee should contact the Workers’ Compensation Commissioner or his/her representative for further advice regarding additional Workers’ Compensation payments.

10. The employee will continue to accrue retirement and seniority credits, as per Connecticut General Statutes 5-161(f) and 154(m)(l) while he/she is receiving Workers’ Compensation benefits.

11. Upon completion of the vocational rehabilitation program, the Agency and State Personnel Department shall assist the employee to find State employment. If such efforts fail, the employee will be placed on the applicable reemployment list. If such employment is found, the employee’s benefits, including seniority, will be transferred to the new position, as provided for by contract.

12.  Demotion.  If an employee cannot return to his/her regular job but can do another job, he/she may request a voluntary demotion to such job and may receive two-thirds of the difference in pay between the two jobs from  Workers’ Compensation Commissioner in accordance with 31-308a.  In   determining the employee’s pay rate due to such demotions, he/she shall be

paid at the rate (step) closest but not greater than his/her prior rate of pay.

13. Scarring.  An employee may be eligible for a scarring award no sooner than one (1) year from the date of injury and not later than two (2) years from the date of the injury or the surgery date of the injury, in accordance with 31-308 (c) and any amendments thereof.

14. Specific Indemnity. An employee may be eligible for Workers’ Compensation payments for a permanent partial loss of use to a part of his/her body. This usually occurs after the end of Temporary Total and the percentage rating is given by the employee’s doctor subject to the approval of the Workers’ Compensation Commissioner.15.  Overtime Work.  An employee on limited duty shall not be denied overtime solely based on such limited duty designation.

15.  Overtime Work.  An employee on limited duty shall not be denied overtime solely based on such limited duty designation.

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