Common use of Physical Incapacity Clause in Contracts

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue working, and which physical incapacity shall be deemed to exist only if: i. The pregnant teacher or employee fails to produce a certification from her physician that she is medically able to continue working, or continue her duties, or the Board of Education's physician and her physician agree that she cannot following any difference of medical opinion between the Board's physician and the teacher's or employee's physician, the Board requests expert consultation in which case the Ocean County Medical Society shall appoint an impartial third physician who shall examine the teacher or employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher or employee and the Board.

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue working, and which physical incapacity shall be deemed to exist only if: i. (1) The pregnant teacher or employee fails to produce a certification from her physician that she is medically able to continue working, or continue her duties, or or (2) the Board of Education's physician and her physician agree that she cannot continue her duties, or (3) following any difference of medical opinion between the Board's physician and the teacher's or employee's physician, the Board requests expert consultation in which case the Ocean County Medical Society shall appoint an impartial third physician who shall examine the teacher or employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher or employee and the Board.

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue workingteaching, and which physical incapacity shall be deemed to exist only if: i. (1) The pregnant teacher or employee fails to produce a certification from her physician that she is medically able to continue working, or continue her duties, or the ; or (2) The Board of Education's physician and her the employee's physician agree that she cannot following continue working; or (3) Following any difference of medical opinion between the Board's physician and the teacher's or employee's physician, the Board requests expert consultation consultation, in which case the Ocean Bergen County Medical Society shall be requested to appoint an impartial third physician who shall examine the teacher or employee and whose medical opinion shall be conclusive and binding on the issue of medical capacity to continue working. The expense of any examination by an impartial third physician under this paragraph shall be shared equally by the teacher or employee and the Board.