ARTICLE 42 - OCCUPATIONAL INJURY LEAVE

42.01 Establishment
Occupational Injury Leave (O.I.L.) shall be governed by this Article and rules established by the Employer
consistent with this Article. All permanent employees in the bargaining unit who sustain an allowed physical
condition in the course of and arising out of the injured employee's employment shall be eligible for O.I.L.
benefits.

42.02 Definitions
a. Allowed Psychological Condition: A psychological condition, diagnosed by a psychiatrist or psychologist chosen from the “Approved Physician” list, that develops after and is related to the allowed physical condition.

b. Allowed Physical Condition: An injury incurred while on duty diagnosed by an “Approved Physician”
and not incurred during those times when an employee was engaged in non-law enforcement maintenance activities, activities of an administrative or clerical nature, when an employee is on a meal or rest break, or when an employee is engaged in any personal business unless the injury is the result of unprovoked aggressive acts or unforeseen mechanical or vehicular accidents beyond the control of the employee. The physical condition includes the substantial aggravation of a pre-existing condition, if such aggravation arises from an injury incurred while on duty.

c. Approved Physician: A physician who is designated on a list compiled through the agreement of both parties for the purpose of diagnosing, evaluating and treating the condition within seven (7) calendar days of the original “Date of Injury.” The employee shall continue to be treated by an “Approved Physician” until the employee is approved to return to work or the employee's OIL benefits are exhausted. If the employee is unable to schedule an appointment for an initial diagnosis with an Approved Physician within 48 hours of the injury, the employee must notify the agency Workers‟ Compensation representative immediately. If the employee's injury is of a nature which requires an emergency room visit, the employee may be initially diagnosed and evaluated by the Emergency Room doctor. Thereafter, if additional treatment is required, the employee must consult an Approved Physician.

d. Conclusively Establish: The facts show that it was more likely than not that the events giving rise to this
claim occurred.

e. Date of Injury: The date the events triggering this claim occurred.

f. Totally Disabled: The inability to perform sustained remunerative employment or other activity(ies) that are consistent with his/her medical/psychological restrictions while receiving OIL benefits due to the allowed conditions of the claim.

42.03 Maximum Hours of Occupational Injury Leave
Each employee shall be entitled to up to nine hundred and sixty (960) hours of O.I.L. at the total rate of pay per
independent injury incurred while on duty. Employees shall be entitled to an additional nine hundred and sixty
(960) hours, at the regular rate of pay, for injuries which meet 42 USC Section 3796 Federal guidelines on
permanent and total disability resulting from a catastrophic personal injury sustained in the line of duty.

42.04 Eligibility
Injuries incurred while on duty shall entitle an employee to request coverage under this Article. An injury on duty which aggravates a previous injury will be considered an independent injury unless the aggravated injury occurs within six (6) months of return to work from the last date of O.I.L. coverage. Where an aggravation of a pre-existing condition is alleged, the BWC/IC will determine if the injury results in a new claim or a continuation of an existing claim. O.I.L. is not available for injuries incurred during those times when an employee was engaged in non-law enforcement maintenance activities, activities of an administrative, or clerical nature, when an employee is on a meal or rest break, or when an employee is engaged in any personal business unless the injury is the result of unprovoked aggressive acts or unforeseen mechanical or vehicular accidents beyond the control of the employee. Aggressive acts may include unprovoked physical injury inflicted by clients, residents, inmates, public citizens, and/or animals. Necessary restraint will not be regarded as provocation. Unforeseen mechanical or vehicular accident injury must occur in the course of authorized law enforcement activity. In order to be eligible, the injured worker shall:

1. Follow the respective agency's accident reporting guidelines;

2. Obtain an OIL application, if applicable, from the designated location at his/her agency or the employee's immediate supervisor. This location shall be posted prominently for all shifts;

3. Complete and submit the employee section of the OIL application, if applicable, within twenty (20) calendar days from the date of injury. If the employee is medically unable to complete the application, he/she may have someone acting on his/her behalf complete the employee section of the application for him/her;

4. Provide the approved physician with the appropriate DAS Physician's Statement form and follow-up with approved physician to ensure the form is submitted appropriately; and

5. File a Workers‟ Compensation claim at the same time the employee requests OIL benefits. In order to receive OIL benefits in lieu of Workers‟ Compensation Temporary Total Disability Compensation (TTD), the employee must conclusively establish that an allowed physical condition was incurred on duty and not while the employee is engaged in non-law enforcement maintenance activities, activities of an administrative, or clerical nature, when an employee is on a meal or rest break, or when an employee is engaged in any personal business unless the injury is the result of unprovoked aggressive acts or unforeseen mechanical or vehicular accidents beyond the control of the employee. The burden of proving the truth of the facts as alleged as well as proof of timely medical treatment shall be on the employee and shall further include any other elements of proof necessary for the allowance of this claim.

If the injury is found to have arisen from the misbehavior or negligence on the part of the employee, the
OIL benefits shall not be awarded and any benefits received must be repaid in accordance with Section 42.04.

42.05 Administration of OIL Benefits

An employee receiving OIL benefits shall be eligible for his/her total rate of pay during the period of time that there is medical evidence establishing that the employee is totally disabled as the result of the work injury. The employee shall submit medical documentation from an approved physician supporting the extent of disability. OIL will be payable for an allowed psychological condition that is found to be related to an allowed physical condition(s).

The OIL benefit will be paid pending the initial determination of the OIL claim. The total hours of OIL shall not exceed 960 hours per OIL claim except for injuries which meet 42 USC Section 3796 Federal guidelines on permanent and total disability resulting from a catastrophic personal injury sustained in the line of duty. OIL shall be paid in lieu of workers‟ compensation TTD benefits. If the employee accepts TTD compensation from BWC for the injury or the IC determines that the employee has reached maximum medical improvement, such employee will not be eligible to receive OIL benefits. Any requests for additional allowances to a claim shall be
approved by the BWC/IC prior to processing an extension of OIL benefits. Clarification of the diagnosis from the
Approved Physician or a request for extension of benefits from the Approved Physician shall not be considered an additional allowance. Initial denial of the OIL claim ends the payment of the OIL benefit.

If the employee's OIL claim is denied, but the employee's Workers‟ Compensation claim is still pending, the employee may be eligible for salary continuation, not to exceed 480 hours. Any hours previously paid to the
employee under OIL will be counted toward the 480 hours. If the employee's OIL claim is denied or if the employee is disqualified from receiving OIL benefits, the employee must, after all administrative appeals have been exhausted, either substitute sick, vacation, or personal leave, or reimburse the Employer any OIL benefits received during the period of time from the date of injury until the final administrative determination. The Agency will work with the employee to determine if leave will be deducted or to set up a repayment procedure.

An employee receiving OIL benefits shall accrue sick leave and personal leave but shall not accrue vacation leave. Pay under OIL shall not be charged to the employee's accumulation of sick leave. The employee is not eligible to use leave balances while receiving OIL. The employee is not eligible for other paid leaves, including holiday pay and those under Articles 41, 43 or 45, while receiving OIL. Employees receiving OIL are in active pay status.

Once an employee's OIL application has been approved, the employee shall not be subject to the agency's
daily call-off procedures or any other absentee requirements that are not included in this Article, unless the
employee is participating in the Transitional Return to Work program. The employee is responsible for notifying
the agency of their expected return to work date.

42.06 Authority to Approve or Disapprove
The Director of each Agency or his/her designee shall have the authority to approve or disapprove requests for
O.I.L. Requests for O.I.L. shall not be unreasonably denied.

42.07 Appeal of the Denial of an OIL Claim
If an employee's request for OIL benefits is completely denied, the employee may appeal the denial through the process detailed below. The employee shall not have rights under the Article 20 grievance procedure. In the event an Article 20 grievance is filed concerning an OIL issue, the grievance shall be forwarded to DAS benefits to process as an appeal. In the event a non-OIL issue(s) is also alleged in the grievance, said issue shall be separated from the appeal and processed pursuant to Article 20.

If the employee has been receiving OIL benefits pending determination of the claim, the benefits will end with the initial denial and the employee will not be eligible for any OIL benefits during the appeal process. The employee may be eligible for salary continuation during the appeal process, which may not exceed 480 hours.

Within twenty (20) calendar days from the date the initial denial letter is postmarked, the employee must submit a letter to DAS Benefits, attaching any additional information to support his/her appeal. DAS Benefits will conduct an initial review of the appeal. If the employee's OIL claim was denied on procedural issues or the employee has failed to provide any new information to support the appeal, DAS Benefits shall issue a letter to the employee within ten (10) working days of receipt of the letter denying the appeal and send a copy of the letter, the employee's OIL application, and any other documents submitted to FOP/OLC Central Office.

If FOP/OLC determines that further review is necessary, they will submit a request to OCB for a panel to be convened to review the claim within ten (10) working days of receiving the documents from DAS Benefits. The
panel will consist of three (3) members: a representative of an agency which is not the employing agency and who
regularly works with OIL, a representative of the Union who is not employed by the employing agency, and a
representative or designee of the State Employment Relations Board (SERB). Representatives from OCB and
FOP/OLC may attend, but will not be voting members of the panel. The panel will be convened within fourteen (14) days of OCB‟s receipt of the request. The panel will complete a file review of the claim and any information
provided by the employee and make a determination to uphold or overturn the denial. The panel will issue the
decision immediately or within three (3) days if further investigation is necessary. The panel's decision will be in
writing and will be final.

If the employee accepts Workers' Compensation TTD Compensation during the appeal process, he/she may
continue to submit extension paperwork. If the employee's appeal is upheld, OIL benefits will be awarded and the
agency will work with the employee to repay any Workers' Compensation TTD benefits that were awarded.

42.08 Disqualification
An employee shall be disqualified from receiving OIL benefits under any of the following circumstances:

a. the employee knowingly makes any false misleading statement(s) and/or alters, falsifies, destroys or conceals any document in order to be eligible to receive OIL;

b. the employee engages in sustained remunerative employment or other activity(ies) that are inconsistent with his/her medical/psychological restrictions while receiving OIL benefits;

c. the employee is no longer in the state service or has been voluntarily or involuntarily disability separated; or

d. the employee is incarcerated.

If any of the above circumstances occur, OIL benefits shall be immediately terminated and the employee shall reimburse the State in the amount of any benefits improperly received.

The employee may also be subject to disciplinary action, up to and including termination and criminal prosecution.

42.09 Transitional Work Programs
Agencies and the Union may mutually develop transitional work programs designed to encourage a return to work for employees experiencing partial disability, and on occupational injury leave, salary continuation, Workers'
Compensation, sick leave or disability leave. During the time an employee is in a transitional work program, the
employee will be assigned duties which the employee is capable of performing based upon the recommendation of
the employee's attending physician. Upon request of the Employer, employees must participate in the transitional
work program unless precluded from participation by their attending physician. If the employee refuses to participate in the Transitional Work Program while receiving salary continuation or OIL, the salary continuation or OIL benefit will end and the Employer can seek repayment or substitution of paid leave from the employee for any OIL or salary continuation received during the time the employee was capable of participating in the program. The Agency will work with the employee to determine if leave will be deducted or to set up a repayment procedure.

The employee may be assigned to a location beyond fifty (50) miles, if the Employer provides transportation or
travel reimbursement in accordance with Article 59. If the new location requires travel time greater than the
employee's normal travel time, the additional time shall be counted as time worked and the employee's work day
shortened accordingly.

If a permanent employee is given a transitional work assignment with less than his/her regularly scheduled
hours, the employee may use any remaining OIL or salary continuation hours to supplement up to the amount of
his/her regularly scheduled hours.

A full-time permanent employee on a transitional work assignment equivalent to his/her regularly scheduled
hours who has continuing treatment related to his/her OIL or Workers‟ Compensation claim must first, attempt to
schedule the appointment during non-working hours. Second, if the employee is unable to schedule the appointment during non-working hours, the employee must work with the Employer to flex his/her schedule to
accommodate the appointment. Third, after the first two options have been exhausted, the employee may use any
remaining OIL or salary continuation hours to attend the appointment, not to exceed one (1) hour per appointment, with a maximum of three (3) appointments per week.

42.10 Procedures
1. Each department shall establish procedural rules for the administration of this program, to include but not
limited:

a. The timely reporting of incidents causing claims;

b. The requirement for claims to be medically evaluated by an independent physician, if applicable;

c. The obligation for each employee to obtain prompt and continuing medical treatment;

d. The coordination of benefit and leave programs; and

e. The approval or disapproval of claims.

42.11 Continuation of Benefits
If the employee remains disabled upon depletion of the nine-hundred and sixty (960) hours, and does not meet
the requirements for an additional nine-hundred and sixty (960) hours; or remains disabled upon depletion of the
additional nine-hundred and sixty (960) hours, he/she is entitled to all compensation and benefits, without a waiting period pursuant to Section 4123.55 of the Ohio Revised Code based upon the injury received, for which he/she qualifies pursuant to Chapter 4123 of the Ohio Revised Code. Compensation shall be considered from the date that the employee ceases to receive his/her total rate of pay pursuant to this section.