GAOE: Workers Compensation

The district will participate in workers compensation as required by current statute. The combined workers' compensation benefits and salary received under allowed paid leave, shall not exceed one full day's pay. Employees covered by the negotiated agreement are referenced to that document.

All employees of the district shall be covered by workers compensation. Workers compensation coverage is provided for all employees regardless of assignment, length of assignment, and/or hours worked per day. Benefits are for personal injury from accident or industrial diseases arising out of and in the course of employment in the district.

An injured employee must notify the designated employer's workers compensation coordinator or, if the coordinator is unavailable, his or her supervisor within 20 days of the injury or within 20 days of repetitive trauma in order to be eligible for benefits.

The workers compensation plan will provide coverage for medical expenses and wages to the extent required by statute to those employees who qualify; however, the amount of workers compensation benefits and paid leave benefits shall not exceed a regular daily rate of pay.

When an employee is injured he/she will use available paid leave to cover his/her absence. If the employee qualifies for workers compensation wages, his/her sick leave account will be reinstated for sick leave days used during the injury in the ratio of workers compensation pay to his/her regular daily rate of pay. The wages of the next paycheck will be docked in an amount equal to the workers compensation pay received. An employee qualified for workers compensation who is off work and eligible to draw benefits under this policy shall receive 100 percent (100%) of the daily rate for the day(s) of salary lost by using a combination of accumulated sick leave {if he/she has sufficient day(s) accumulated} and workers compensation benefits.

In no case shall an employee receive more than 100 percent (100%) of the daily rate of pay for the days benefits are paid.

Any employee who is off work and receiving workers compensation benefits shall be required to provide the designated workers compensation coordinator with a written doctor's release before the employee is allowed to return to work. In addition, should the employee be released to return to work by a doctor and fail to do so, all benefits under paid leave shall be ended and those benefits under workers compensation shall be restricted as provided by current statute.

Whenever an employee is absent from work and is receiving workers compensation benefits due to a work-related injury or is receiving district paid disability insurance, the employee may use available paid leave to supplement the worker compensation or district paid disability insurance payments. Workers compensation benefits and FMLA benefits provided in a board approved plan shall run concurrently if both are applicable.

In no event shall the employee be entitled to a combination of workers compensation benefits, district paid disability insurance, and salary in excess of his/her full salary. Available paid leave may be used for this purpose until 1) available paid leave benefits are exhausted; 2) the employee returns to work; 3) the employee is released by the medical provider and a position is offered by the employer, but the employee declines to return to work; or 4) employment is terminated. Paid leave shall be calculated on a prorata amount equal to the percentage of salary paid by the district.

Testing

The board, through its designated workers compensation coordinator, may require a post-injury chemical test as authorized by K.S.A. 44-501 et seq.,and, if such test is refused, all workers compensation benefits shall be forfeited by the employee.

Choice of Physician

The board shall have the right to choose a designated health care provider to provide medical assistance to any employee who suffers an injury while performing their job. However, if the injured employee chooses to go to a medical provider other than the designated provider, the recovery for such expenses shall be limited to $500.00.

Approved: August 3, 2015