PRESUMPTION OF DISABILITY Sample Clauses

PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his or her regular duties as a firefighter because of a heart condition or respiratory ailment, it shall be conclusively presumed that such disability is attributable to his or her employment as a member of the Fire Department; in any case where an employee covered by this agreement is disabled from performing his or her regular duties as a firefighter because of hepatitis B or C, it shall be rebuttably presumed that such disability is attributable to his or her employment as a member of the Fire Department, and he or she shall be entitled to all of the benefits of the ordinances of the City of Warwick. For short-term disabilities under this paragraph, the inability to perform one’s duties must be verified by a qualified physician. No period of such disability shall be deducted from his or her sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. The City agrees to form a three member sub-committee under the Board of Public Safety to review and compose appropriate revisions to disability pension criteria in the Board of Public Safety Rules concerning work related cancer conditions.
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PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his or her regular duties as a firefighter because of a heart condition or respiratory ailment, it shall be conclusively presumed that such disability is attributable to his or her employment as a member of the Fire Department; in any case where an employee covered by this agreement is disabled from performing his or her regular duties as a firefighter because of hepatitis B or C, it shall be rebuttably presumed that such disability is attributable to his or her employment as a member of the Fire Department, and he or she shall be entitled to all of the benefits of the ordinances of the City of Warwick. For short-term disabilities under this paragraph, the inability to perform one’s duties must be verified by a qualified physician. No period of such disability shall be deducted from his or her sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. The City agrees to form a three member sub-committee organized under the auspices of the Board of Public Safety (“BPS”) to review and compose appropriate revisions to disability pension criteria in the Board of Public Safety Rules concerning work related cancer conditions. This committee shall also review, discuss, consider and provide recommendations to the Board of Public Safety and office of the Mayor concerning revisions to other post employment benefit (“OPEB”) issues.
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PRESUMPTION OF DISABILITY. The Town shall comply with all applicable state and local laws, including R.I. Gen. Laws § 45- 19-1, as amended; R.I. Gen. Laws §§ 45-19.1-1 et seq., as amended; R.I. Gen. Laws §§ 45-21.2- 1, et seq., as amended; R.I. Gen. Laws § 45-21.2-9, as amended; and Tiverton Code of Ordinances, §§ 2-201, 2-202, as amended, in the administration of firefighter disabilities and application(s) for disability xxxxxxxx.Xx any case where an employee covered by this Agreement is disabled from performing his regular duties as a firefighter because of a heart condition or respiratory ailment, and if the employee undergoes an annual physical examination by a physician chosen by the Town at the Town's expense, it shall be presumed that such disability is attributable to his employment, as a member of the Fire Department, and he shall be entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. If an employee fails to follow the physician's recommendations, this section will not apply to said employee. A copy of the physician's report will be filed in the employee's personnel file, and a copy of said report shall be forwarded to the Town and the employee.
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PRESUMPTION OF DISABILITY. Delete and replace with the following: “The Town shall comply with all applicable state and local laws, including R.I. Gen. Laws § 45-19-1, as amended; R.I. Gen. Laws §§ 45-19.1-1 et seq., as amended; R.I. Gen. Laws §§ 45-21.2-1, et seq., as amended; R.I. Gen. Laws § 45-21.2-9, as amended; and Tiverton Code of Ordinances, §§ 2-201, 2-202, as amended, in the administration of firefighter disabilities and application(s) for disability pensions.” TA
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PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his regular duties as a firefighter because of a heart condition or respiratory ailment, and if the employee undergoes an annual physical examination by a physician chosen by the Town at the Town's expense, it shall be presumed that such disability is attributable to his employment, as a member of the Fire Department, and he shall be entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. If an employee fails to follow the physician's recommendations, this section will not apply to said employee. A copy of the physician's report will be filed in the employee's personnel file, and a copy of said report shall be forwarded to the Town and the employee.
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PRESUMPTION OF DISABILITY. The Town shall comply with all applicable state and local laws, including R.I. Gen. Laws § 45- 19-1, as amended; R.I. Gen. Laws §§ 45-19.1-1 et seq., as amended; R.I. Gen. Laws §§ 45-21.2- 1, et seq., as amended; R.I. Gen. Laws § 45-21.2-9, as amended; and Tiverton Code of Ordinances, §§ 2-201, 2-202, as amended, in the administration of firefighter disabilities and
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PRESUMPTION OF DISABILITY. In any case where an employee covered by this Agreement is disabled from performing his regular duties as a Fire Fighter because of a heart condition, respiratory ailment, hypertension or from any condition derived from hypertension, it shall be conclusively presumed that such disability is attributable to his employment as a member of the Fire Department, and he shall be entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island, 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. The City of Cranston shall recognize cancer as an occupational illness pursuant to this section. If at anytime RI General Law 45-19-1 is repealed, the local will enter into negotiations immediately with the City of Cranston to discuss the impact in the change to the law.
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PRESUMPTION OF DISABILITY. For employees hired before July 1, 2015: In any case where an employee who was hired before July 1, 2015 and who is covered by this Agreement is disabled from performing his regular duties as a fire fighter because of a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory infections), hypertension or from any condition derived from hypertension, or develops cancer, it shall be conclusively presumed that such disability is attributable to his employment as a member of the department, and he shall be entitled to all of the benefits provided for in section 45-19-1 of the General Laws of the State of Rhode Island, 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. For employees hired on or after July 1, 2015: In any case where an employee who was hired on or after July 1, 2015, who is otherwise covered by this Agreement, and who has served as a department firefighter for at least five (5) years is disabled from performing his regular duties as a fire fighter because of a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory infections), hypertension or from any condition derived from hypertension, or develops cancer, it shall be conclusively presumed that such disability is attributable to his employment as a member of the department, and he shall be entitled to all of the benefits provided for in section 45-19-1 of the General Laws of the State of Rhode Island, 1956, as amended, and none of said period of disability shall be deducted from his sick leave entitlement, nor from any other leave entitlement to which said employee may be entitled under any other terms or conditions of this Agreement. For all employees: The Town hereby reserves the right to have an employee examined by the Town physician to determine whether that employee suffers from a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory infections), hypertension or from any condition derived from hypertension, or has developed cancer. If there is a disagreement between the Town and an employee as to whether that employee suffers from a heart condition, respiratory ailment (excluding the common cold, seasonal bronchitis, or seasonal respiratory inf...
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Related to PRESUMPTION OF DISABILITY

  • Definition of Disability For purposes of Section 5.1, the Executive will be deemed to have a "disability" if, for physical or mental reasons, the Executive is unable to perform the Executive's duties under this Agreement for 120 consecutive days, or 180 days during any twelve-month period, as determined in accordance with this Section 5.2. The disability of the Executive will be determined by a medical doctor selected by written agreement of the Employer and the Executive upon the request of either party by notice to the other. If the Employer and the Executive cannot agree on the selection of a medical doctor, each of them will select a medical doctor and the two medical doctors will select a third medical doctor who will determine whether the Executive has a disability. The determination of the medical doctor selected under this Section 5.2 will be binding on both parties. The Executive must submit to a reasonable number of examinations by the medical doctor making the determination of disability under this Section 5.2, and the Executive hereby authorizes the disclosure and release to the Employer of such determination and all supporting medical records. If the Executive is not legally competent, the Executive's legal guardian or duly authorized attorney-in-fact will act in the Executive's stead, under this Section 5.2, for the purposes of submitting the Executive to the examinations, and providing the authorization of disclosure, required under this Section 5.2.

  • Termination by Reason of Disability If, during the term of this Agreement, the Employee, in the reasonable judgment of the Board of Directors of Avocent Corporation, has failed to perform his duties under this Agreement on account of illness or physical or mental incapacity, and such illness or incapacity continues for a period of more than six (6) consecutive months, the Employer shall have the right to terminate the Employee’s employment hereunder by delivery of written notice to the Employee at any time after such six month period and payment to the Employee of all accrued salary, bonus compensation to the extent earned, additional bonus compensation in an amount equal to the average annual bonus earned by the Employee as an employee of Avocent Corporation and its affiliates and predecessors in the two (2) years immediately preceding the date of termination, vested deferred compensation, if any (other than pension plan or profit sharing plan benefits which will be paid in accordance with the applicable plan), any benefits under any plans of Employer or Avocent in which the Employee is a participant to the full extent of the Employee’s rights under such plans (including having the vesting of any awards granted to the Employee under any AHC or Avocent stock option plans fully accelerated), accrued vacation pay and any appropriate business expenses incurred by the Employee in connection with his duties hereunder, all to the date of termination, with the exception of medical and dental benefits which shall continue through the expiration of this Agreement, but the Employee shall not be paid any other compensation or reimbursement of any kind, including without limitation, severance compensation.

  • By Disability If Executive becomes eligible for the Company’s long term disability benefits or if, in the sole opinion of the Company, Executive is unable to carry out the responsibilities and functions of the position held by Executive by reason of any physical or mental impairment for more than ninety consecutive days or more than one hundred and twenty days in any twelve-month period, then, to the extent permitted by law, the Company may terminate Executive’s employment. The Company shall pay to Executive all compensation to which Executive is entitled up through the date of termination, and thereafter all obligations of the Company under this Agreement shall cease. Nothing in this Section shall affect Executive’s rights under any disability plan in which Executive is a participant.

  • Termination by Disability If the Executive becomes Disabled prior to the expiration of the Employment Term, the Executive’s employment will terminate, and provided that such termination constitutes a Separation from Service, the Executive shall be entitled to:

  • Total Disability (a) Total disability, as used in this Plan, means the complete inability because of an accident or sickness of a covered employee to perform all the duties of his/her own occupation for the first two (2) years of disability. Thereafter, employees able by reason of education, training or experience to perform the duties of a gainful occupation for which the rate of pay is not less than seventy-five percent (75%) of the current rate of pay of their regular occupation at date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan.

  • Disability If the Executive's employment is terminated by reason of the Executive's Disability during the Employment Period, this Agreement shall terminate without further obligations to the Executive, other than for payment of Accrued Obligations and the timely payment or provision of Other Benefits. Accrued Obligations shall be paid to the Executive in a lump sum in cash within 30 days of the Date of Termination. With respect to the provision of Other Benefits, the term Other Benefits as utilized in this Section 6(c) shall include, and the Executive shall be entitled after the Disability Effective Date to receive, disability and other benefits at least equal to the most favorable of those generally provided by the Company and its affiliated companies to disabled executives and/or their families in accordance with such plans, programs, practices and policies relating to disability, if any, as in effect generally with respect to other peer executives and their families at any time during the 120-day period immediately preceding the Effective Date or, if more favorable to the Executive and/or the Executive's family, as in effect at any time thereafter generally with respect to other peer executives of the Company and its affiliated companies and their families.

  • ILLNESS AND DISABILITY 8.0 At the beginning of each school year each teacher shall be credited with ten (10) days of leave, the unused portion of which shall accumulate from year to year to one hundred fifty-five (155) days pro-rated based on the teacher’s regularly scheduled work day/week. The leave days may be taken by a teacher for the following reasons and subject to the following conditions:

  • Death and Disability (a) The Employment Term shall terminate on the date of Employee's death, in which event Employee's Salary, reimbursable expenses and benefits owing to Employee through the date of Employee's death shall be paid to his estate. Employee's estate will not be entitled to any other compensation upon termination of this Agreement pursuant to this subparagraph 8(a).

  • Pregnancy Disability Leave A. Leave for pregnancy or childbirth related disability is in addition to any leave granted under FMLA or WFLA.

  • For death and disability The Company may also terminate the Employment, at any time, without notice or remuneration (unless notice or remuneration is specifically required by applicable law, in which case notice or remuneration will be provided in accordance with applicable law), if:

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