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 performing her duties, and which physical incapacity shall be deemed to exist only if: 1. The pregnant employee fails to produce a certification from her physician that she is medically able to continue performing her duties; or 2. The Board's physician and the employee's physician agree that she cannot continue performing her duties; or 3. Following any difference of medical opinion between the Board's physician and the employee's physician, the Board may request expert consultation, in which a third impartial physician, agreed upon by the employee's physician and the Board's physician, shall be appointed to examine the employee, and whose medical opinion shall be conclusive and binding on the issue of medical incapacity to continue performing her duties. The expense of any examination by an impartial third physician under this subparagraph shall be shared equally by the employee and the Board.

Physical Incapacity. Her physical condition or capacity is such that her health would be impaired if she were to continue performing her duties, and which physical incapacity shall be deemed to exist only if: 1. a. The pregnant employee fails to produce a certification from her physician that she is medically able to continue performing her duties; or 2. b. The Board's physician and the employee's physician agree that she cannot continue performing her duties; or 3. c. Following any difference of medical opinion between the Board's physician and the employee's physician, the Board may request expert consultation, in which a third impartial physician, agreed upon by the employee's physician and the Board's physician, shall be appointed to examine the employee, and whose medical opinion shall be conclusive and binding on the issue of medical incapacity to continue performing her duties. The expense of any examination by an impartial third physician under this subparagraph shall be shared equally by the employee and the Board.