Medical Dispute Resolution Clause Samples
The Medical Dispute Resolution clause establishes a process for resolving disagreements related to medical issues, such as disputes over medical opinions, treatment decisions, or assessments of injury or illness. Typically, this clause outlines steps like appointing an independent medical expert, requiring both parties to submit relevant medical evidence, and setting timelines for resolution. Its core function is to provide a fair and efficient mechanism for settling medical disputes without resorting to lengthy litigation, ensuring that disagreements are resolved by qualified professionals and minimizing delays in care or compensation.
Medical Dispute Resolution. 1. In the event that the employee’s Physician and the Company’s Physician do not agree on an employee’s ability to return to regular duties, the employee may request Medical Dispute Resolution. Medical Dispute Resolution will be initiated when the employee submits a request in writing to the designated Company department within 40 calendar days of the employee’s notification of the conflicting physicians’ determinations.
2. The Company will identify a list of impartial physicians from which the employee will select a third-party physician to complete a third-party medical evaluation. The decision of the majority concerning the employee’s medical fitness to perform his/her regular duties will be binding upon the Company and the employee.
3. The expense of the Company’s Physician will be borne by the Company; the expense of the employee’s Physician will be borne by the employee; and the expense of the selected impartial physician will be borne ½ by the employee and ½ by the Company.
4. This third-party physician Medical Dispute Resolution procedure will not apply to assignments involving restricted duty, whether temporary or permanent.
Medical Dispute Resolution. An employee shall have the right to appeal the findings of an examination conducted by the Employer's physician relating to his/her fitness to work by submitting findings from a medical doctor of his/her choice at his/her expense. If there is a dispute between the findings of the two (2) physicians, the Employer's doctor and the employee's doctor shall attempt to agree upon a third medical doctor to resolve the dispute. The third medical doctor would submit a report to the Employer and the employee, and the decision of this third doctor will be binding on both parties. In the event the Employer's doctor and the employee's doctor cannot agree on a third doctor, the examination shall be performed at ▇▇▇▇▇ ▇▇▇▇ Hospital or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Hospital (Royal Oak) and the results of the examination will be binding on both parties. The costs of examination by an agreed upon third medical doctor or an examination at ▇▇▇▇▇ ▇▇▇▇ Hospital or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Hospital shall be shared equally by the Employer and the employee.
Medical Dispute Resolution. In the event of a dispute involving an employee's physical or mental ability to perform their job and the Employer is not satisfied by the determination of the treating physician, the Employer may require the employee to be examined by a doctor of its choice and at its expense. If the dispute still exists, the matter will be subject to the Grievance and Arbitration provisions of this Agreement.
Medical Dispute Resolution the labor agreement will not apply to employees involved in a dispute who are at the time receiving workers' compensation indemnity benefits. If the employee's treating physician considers the employee unable to work a job assigned to him/her by the Authority, including Transitional or Alternate Duty or the employee's regularly assigned position, the employee will be placed on IOD leave. In addition to all other rights under the Pennsylvania Workers' Compensation Act, the Authority shall have the right to petition to have the employee's workers' compensation benefits suspended or terminated. If, during the pendency of any litigation, the employee's treating physician changes his/her opinion regarding the employee's ability to perform the job offered by the Authority, the employee immediately will be required to return to work. If the workers' compensation dispute is resolved in favor of the employee, the employee will continue on IOD leave or continue on the Priority Recall List until the applicable time periods have expired, as described in this labor agreement, or if the employee had been performing an Alternate Duty Position when the dispute arose, he/she will be returned to such position. If the Authority prevails, and at the time of the determination the employee is on IOD leave or on the Priority Recall List, the employee must return to his/her regular position or be deemed to have resigned from employment with the Authority. If, at the time of the determination, the employee has exhausted all IOD leave and all applicable time on the Priority Recall List and has been dropped from the Authority's rolls, he/she will not be reinstated The Authority will extend health care, pension, FMLA, and other employee benefits to same-sex spouses in the same manner as such benefits currently apply to opposite sex spouses.
Medical Dispute Resolution. 1. In the event that the employee’s Physician and the Company’s Physician do not agree on an employee’s ability to return to regular duties, the employee may request Medical Dispute Resolution. Medical Dispute Resolution will be initiated when the employee submits a request in writing to the designated Company department within 40 calendar days of the employee’s notification of the conflicting physicians’ determinations.
2. The Company will identify a list of impartial physicians from which the employee will select a third-party physician to complete a third-party medical
3. The expense of the Company’s Physician will be borne by the Company; the expense of the employee’s Physician will be borne by the employee; and the expense of the selected impartial physician will be borne ½ by the employee and ½ by the Company.
4. This third-party physician Medical Dispute Resolution procedure will not apply to assignments involving restricted duty, whether temporary or permanent.
Medical Dispute Resolution. Before an employee who is absent from his/her duties for five (5) consecutive workdays returns to work, he shall satisfy the Employer he is fit again to perform his duties. In the event the Employer is not satisfied with the determination of the treating physician, the Employer may have the employee examined by a doctor of their own choosing and at their own expense. If the dispute still exists, final resolution, binding on both parties, shall be a report of a third physician chosen by the prior two. The determination rendered by the third physician shall not be subject to the grievance and arbitration procedure set forth in this Agreement.
Medical Dispute Resolution. A Pilot who fails to pass a medical examination by the CME, as provided in subsection 7.D.3.a., may have a review in the following manner:
1. The Pilot shall notify the Vice President of Flight Operations, or his designee, within seven (7) business days of the date he is furnished a copy of the CME’s determination, that he disagrees with said determination and is selecting a qualified personal medical examiner (“PME”) of his own choosing to conduct a medical examination for the same purpose as the examination conducted by the CME. He shall also inform the Company of the scheduled date of such examination. The Pilot shall be responsible for all costs and expenses associated with examination by the PME including, but not limited to, travel related expenses and any expenses associated with his examination that are not paid by medical insurance.
2. The Pilot shall furnish the Company with a copy of the PME’s determination within five (5) business days after he receives such report. If such findings are consistent with the findings of the CME, or if the Pilot fails to furnish such report within the five (5) business day period, no further review of the case shall be afforded. Such Pilot may utilize any accrued sick time and receive, if eligible, short-term disability benefits, long-term disability benefits, and/or workers’ compensation benefits or be placed on a Medical Leave, as provided in ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ of Absence, if he hasn’t already done so, as provided in subsection 7.D.3.a.
3. If the Pilot furnishes the PME’s determination to the Company in a timely manner and such determination disagrees with the CME’s determination, the Company shall, at the written request of the Pilot made at the time of filing the PME’s determination with the Company, ask that the CME and PME recommend a third, qualified and impartial medical examiner (“QME”) who is available for the purpose of making a further examination. Such recommendation shall be made within fifteen (15) days of the Pilot’s request.
4. Within five (5) business days of the selection of the QME, as provided in subsection 7.E.3., the Company and Pilot shall request their respective medical examiners to submit their findings to the QME within five (5) business days.
5. The expenses of engaging the QME and any other medical specialist he deems necessary, not paid by medical insurance, shall be shared equally by the Pilot and the Company.
6. All written communications by either the CME or PME made to the QME sha...
Medical Dispute Resolution. Disputes between employees' physicians and the Authority's Medical Department of a nature referred to in the following subparagraph shall be resolved by third party, disinterested physicians jointly selected in each dispute by the Authority and the Union. The costs of the third party physician when utilized pursuant to subsection (a) below shall be borne by the Authority; the costs of the third party physician when utilized pursuant to subsection (b) below shall be borne equally by the Parties. This procedure refers to the following types of disputes; provided, however, that the Authority has the right to promulgate any reasonable medical qualifications and standards and such qualifications and standards are not subject to case by case determination by the third party physician in accordance with the foregoing procedure and that the third party physician shall not change, alter or amend the Medical Guidelines as set forth by the Medical Department:
(a) Whenever the Authority's Medical Department determines that an employee is able to work and the employee's physician considers the employee unable to work, the third party physician shall determine if such employee is safely and healthfully able to perform his/her job. If such employee refuses to submit to the examination by the third party physician or if the third party physician determines that such employee is safely and healthfully able to perform his/her job and said employee refuses to return to work, said employee shall be deemed to have resigned his/her employment with the Authority; provided, however, that in the event said employee thereafter prevails in the Workers Compensation claim with respect to the injury considered by the third party physician, the employee shall no longer be deemed to have resigned his/her employment and the Union may file for Arbitration within thirty (30) days of the issuance of the Workers Compensation award to reinstate said employee.
(b) Whenever the Authority's Medical Department determines that an employee is unable to work and the employee's physician considers the employee able to work, the third party physician shall determine if such employee is safely able to work.
(c) A copy of the report of the third party physician will be sent to the Authority, the Union and the employee prior to the employee's post examination appointment at SEPTA's Medical Department.
Medical Dispute Resolution. 1. In the event that the employee’s Physician and the Company’s Physician do not agree on an employee’s ability to return to regular duties, the employee may request Medical Dispute Resolution. Medical Dispute Resolution will be initiated when the employee submits a request in writing to the designated Company department within 40 calendar days of the employee’s notification of the conflicting physicians’ determinations.
2. The Company will identify a list of impartial physicians from which the employee will select a third-party physician to complete a third-party medical evaluation. The decision of the majority concerning the employee’s medical fitness to perform his/her regular duties will be binding upon the Company and the employee.
3. The expense of the Company’s Physician will be borne by the Company; the expense of the employee’s Physician will be borne by the employee; and the expense of the selected impartial physician will be borne ½ by the employee and ½ by the Company.
4. This third-party physician Medical Dispute Resolution procedure will not apply to assignments involving restricted duty, whether temporary or permanent
A. Seniority Defined Employees have 4 types of seniority under this Agreement:
1. Company Seniority Date An employee’s Company Seniority begins on the date an employee is placed on the Company’s payroll. Employees will stop accruing Company Seniority and their date will be adjusted for periods on educational and personal leaves of absence that exceed 90 days.