§ 2-230.03. Workers' compensation.

(a) The city provides workers' compensation for all employees injured on the job and:

(1) Payment of workers' compensation to all employees who are disabled because of an injury arising out of and in the scope of performing their duties with the city will be governed by the Florida State Workers' Compensation Law.

(2) Full-time regular and probationary employees shall be paid one hundred (100) percent of his regular pay by the city for the first seven (7) calendar days of the period of disability. When the period of disability extends beyond seven (7) days and the employee is eligible for workers' compensation benefits, a change of status shall be initiated by the employee's department head documenting the date on which the employee began disability leave.

(3) The employee will continue to accrue sick leave, vacation, safety days and optional holidays during the entire period of disability. Time on occupational disability will continue to count toward retirement and longevity.

(4) Periods extending beyond seven (7) days and up to thirty (30) days shall be paid as follows: The insurance company shall pay sixty-six and two-thirds (662/3) percent; the city shall pay thirty-three and one-third (331/3) percent. The city's payment shall be issued as special pay to supplement workers' compensation benefits following an official statement from the insurance carrier as to benefits paid directly to the employee. The city's payment will be issued with the next normal run of payroll following receipt of the statement.

(5) Health insurance, credit union and other payroll deductions will be made from the thirty-three and one-third (331/3) percent supplemental payment, and payroll taxes will be deducted.

(6) If the employee is out of work long enough to receive payment from workers' compensation for the first seven (7) days, that payment shall be returned to the city. This will prevent the employee from being paid twice for the same period of time. Payment to employees for the first seven (7) days of disability shall be delivered to the human resources department. Payment for these seven (7) days will not be charged against sick leave or vacation, nor will special pay to supplement workers' compensation benefits.

(7) After thirty (30) days of disability, the employee's case will be reviewed by the city manager to evaluate the continuation of the city's payment of the thirty-three and one-third (331/3) percent supplement. This supplement may be continued with the city manager's approval for thirty (30) day periods and is subject to review by the city manager at the end of each thirty (30) day period until the employee returns to work or is qualified for disability retirement. If there is a conflict between the city manager's review and the recommendation of the treating physician, the city manager reserves the right to require additional medical evaluation by a city-designated physician. The supplemental payment will continue during said review. If the city manager decides to discontinue the city's payment of the thirty-three and one-third (331/3) percent supplement after the initial thirty (30) days of disability, the employee may elect to receive a thirty-three and one-third (331/3) percent supplemental payment and have it charged against vacation or sick leave.

(8) If the physician treating an employee on occupational disability determines that the employee is unable to perform full, normal duties but is qualified for "light duty" which does not hinder treatment or recuperation, the employee may be placed on "light duty" at the city's option. Work performed on "light duty" will be paid at the employee's normal hourly rate and payment for such work will be deducted from any supplemental pay which might have been granted to the employee.

(9) In the event an employee has neglected to advise the attending physicians of other injuries reported under workers' compensation, whether injuries were sustained while employed by the city or sustained prior to employment by the city or any pre-existing condition(s), shall be grounds for immediate termination. The city manager reserves the right to deny all or part of the benefits outlined above if the injury resulted from the willful negligence of the employee.

(Ord. No. 2001-08, § 1, 6-19-01)