ARTICLE 27 - REPORTING ON-DUTY ILLNESS OR INJURY

27.01 Reporting
Members of the bargaining unit shall promptly report an on-duty injury or illness to his/her supervisor. The employee shall complete the appropriate report forms and submit the reports to the Employer. The Employer shall provide a copy of the forms and any accident investigation
report to the employee upon the employee's request.

27.02 Agency Responsibility
If a bargaining unit member is injured on the job, the Employer will secure medical attention and, if necessary, provide transportation to the nearest medical facility. Bargaining unit members who experience work-related illness or injury on the job will be paid their regular rate for the balance of their shift. When bargaining unit members are no longer able to perform the reasonable and substantial duties of their position after sustaining on-the-job illness or injury they will be placed on the appropriate leave effective with the following shift.

27.03 Workers’ Compensation
The Employer shall comply with the provisions of the Workers‟ Compensation Law of the State of Ohio. The Employer shall provide copies of Workers‟ Compensation claim forms and any medical information relating to the claim to the employee upon the employee's request.

27.04 Salary Continuation for Workers’ Compensation Claims
Salary continuation is the uninterrupted payment of a permanent employee's total rate of pay not to exceed four hundred and eighty (480) hours per Workers' Compensation claim. An employee who incurs physical injuries or other disabilities in the performance of and arising out of State employment, and is not eligible for OIL, may be eligible for salary continuation. To be eligible, the employee must 1) follow his/her agency's accident reporting guidelines, 2) be evaluated by an Approved Physician, as defined in Article 42, to determine if the injuries have so disabled the employee that the essential functions of his/her position cannot be performed, 3) show that the Employer is currently unable to provide an appropriate transitional work assignment, and 4) apply
for Workers‟ Compensation benefits within twenty (20) days of the incident.

Effective for dates of injury occurring on or after November 1, 2009, an employee will be eligible for salary continuation. The salary continuation will end when (1) the 480 hours is exhausted; (2) the treating physician opines that it is no longer medically necessary for the employee to be off work; (3) the employee's Workers' Compensation claim is denied by the Bureau of Workers' Compensation (BWC); (4) the Industrial Commission (IC) determines that the employee has reached Maximum Medical Improvement; (5) or the employee is disqualified from receiving Workers‟ Compensation benefits, whichever occurs first. Salary continuation will end if the employee is no longer in the state service or has been voluntarily or involuntarily disability separated. Salary continuation will end if the employee accepts Workers' Compensation temporary total disability benefits. Employees who receive OIL benefits are not eligible for salary continuation arising out of the same incident or injury. Any requests for additional allowances to a claim shall be approved by BWC prior to requesting payment of additional salary continuation subject to the 480 total hours limit.

No charge will be made to the employee's accumulation of sick leave during the period the employee receives salary continuation. An employee on salary continuation shall accrue sick leave and personal leave but shall not accrue vacation leave. The employee is not eligible to use leave balances while receiving salary continuation. Additionally, the employee shall not be eligible for any other paid leaves, including holiday pay and those leaves under Articles 41, 43 or 45, while receiving salary continuation. Employees receiving salary continuation are in active pay status.

If the employee's Workers‟ Compensation claim is denied by BWC or if the employee is disqualified from receiving Workers‟ Compensation benefits, the employee must, after all administrative appeals have been exhausted, either substitute the use of paid sick, vacation, or personal leave, or repay the Employer any salary continuation received during the period of time from the date of injury until the final administrative determination on the claim has been made. The Agency will work with the employee to determine if leave will be deducted and/or to set up a repayment procedure.

An employee may elect to take leave without pay in lieu of salary continuation without exhausting accrued leave balances, pending determination of a Workers' Compensation claim.

If an employee elects to utilize his/her sick leave, personal leave, vacation leave or compensatory time balances in lieu of salary continuation pending determination of a Workers‟ Compensation claim arising from employment with the State of Ohio, the Employer shall allow the employee, upon execution of a Wage Agreement, to buy back those leave balances within two pay periods after lost time Workers‟ Compensation benefits are received by the employee, or shall allow the employee to choose an automatic restoration of those leave balances upon execution of a Wage Agreement.

27.05 Other Leave Usage to Supplement Workers’ Compensation
Employees may utilize sick leave, personal leave or vacation to supplement Workers' Compensation benefits in order to receive up to one hundred percent (100%) of the employee's regular rate of pay.

27.06 Implementation
A committee will be formed for the purpose of formulating and maintaining the approved physician list pursuant to Article 42. The FOP/OLC will have one (1) representative on the committee. The Committee shall have an equal number of Employer and employee representatives. Committee members who are State employees will receive time off with pay at total rate for committee business.

The approved physician list will be effective November 1, 2009, unless mutually agreed otherwise. In the event no approved physician list is available for the employee's area, that requirement shall be waived. Issues related to the utilization of the approved physician list will be within the province of the committee.

27.07 Joint Training
By September 1, 2009, the parties shall jointly develop training focusing on the changes to the Workers' Compensation and OIL processes. The parties shall offer joint training sessions.

27.08 Transitional Work Programs
Employees receiving salary continuation are eligible for transitional work programs under Section 42.07.

27.09 Health Insurance Coverage During Lost Time Workers’ Compensation Eligibility
Employees receiving lost time Workers’ Compensation benefits or awaiting the approval of a
Workers' Compensation claim and not receiving any other benefits, for a claim arising from employment with the State of Ohio who have health insurance shall continue to be eligible for health insurance at no cost to the employee for a period not to exceed twenty-four (24) months. The Employer has the right to recover such payments if the Worker's Compensation claim is determined to be non-compensable.

Employees receiving Occupational Injury Leave (OIL), Salary Continuation, or Hostage Leave benefits shall continue to be responsible for the employee's regular share of the health insurance premium while receiving said benefits. In the event OIL, Hostage Leave, or Salary Continuation terminates within a pay period and the employee is eligible for temporary total benefits for the remaining period, the employee's share of the health insurance premium shall be borne by the Employer.