Reso 2020-3124 - Laserfiche WebLink

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Section 5. In the event the employee disputes the findings of the physical or mental examination or a conflict arises between an employee's private physician's medical findings and the opinion of the City -appointed physician concerning an employee's fitness for duty, the following will apply: A. An employee who is being treated for a medical condition may provide the private physician with a copy of the job requirements for the employee's position. The private physician's conclusions will be submitted to the City -appointed physician for review. If the City -appointed physician agrees with the private physicians conclusions, the employee will be either be placed in the recommended employment status (unfit for duty, light duty, or restricted duty) until the employee reaches maximum medical improvement or returned to duty. B. If an employee chooses to confer with a private physician, the employee will utilize the City's health insurance or his/her own health insurance and will be responsible for any and all costs of that conference, including copays. C. In the event the employee's private physician and the City -appointed physician disagree regarding the employee's fitness for duty, the employee may obtain, at the employees' sole expense, an independent medical evaluation from a third physician. The third physician shall be selected jointly by the employee's private physician and the City -appointed physician. If the two physicians cannot or will not agree to this procedure the employee will submit a list of three physicians who are acceptable. The City shall select the third physician from the list provided by the employee. The finding of the third physician regarding the employee's fitness for duty will be final and binding on all parties. D. All employees will supply to any physician any requested medical releases relating to the employee's medical condition, and will supply all records and previous medical opinions relating to that medical condition. E. Duty status determinations involving workers' compensation claims and substance abuse examinations are expressly excluded from this Article. Those determinations will follow existing law, City and Department policies and procedures, and those provisions of this Agreement relating to those determinations. Section 6. Refusal to submit to a physical examination pursuant to this Article will constitute insubordination and may subject the employee to disciplinary action, up to and including termination. Mi111