Page 60 - 2016-2021-ISU

Article 11

Workers’ Compensation Benefit

§11.1 (a) Employees necessarily absent from duty because of an
occupational injury, disease or condition as defined in the Workers’

Compensation Law, shall be eligible for a Workers’ Compensation Benefit
as modified in this Article. Determinations of the Workers’ Compensation

Board regarding compensability of claims shall be binding upon the
parties.

(b) A workers’ compensation injury shall mean any occupational injury,
disease or condition found compensable as defined in the Workers’

Compensation Law.
§11.2 (a) An employee who suffers a compensable occupational injury

shall be placed on leave of absence without pay for all absences
necessitated by such injury and shall receive the benefit provided by the

Workers’ Compensation Law except as modified in this Article.
(b) Eligible employees may be entitled to a supplemental wage payment

not to exceed nine months per injury, in addition to the statutory wage
benefit pursuant to the Workers' Compensation Law. Supplemental

payments will be paid to employees whose disability is classified by the
evaluating physician as "total" or "marked" and where a Workers'

Compensation Law wage payment is less than 60 percent of pre-disability
wages, so that the total of the statutory payment and the supplemental

payment provided by this Article equals 60 percent of their pre-disability
gross wages. The pre-disability gross wages are defined as the sum of base

annual salary, location pay, geographic differential, shift differential and

inconvenience pay, received as of the date of the disability.
(c) An employee necessarily absent for less than a full day in connection
with a Workers’ Compensation injury as defined in 11.1(b) due to therapy,

a doctor’s appointment, or other required continuing treatment, may charge

accrued leave for said absences.
(d) The State will make previously authorized payroll deductions for

periods the employee is in pay status receiving salary sufficient to permit
such deductions. The employee is responsible for making payment for any

such deductions during periods of leave without pay, such as those
provided in 11.2(a) above.

§11.3 An employee required to serve a waiting period pursuant to the

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