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determination by the Workers’ Compensation Board.

(b) If the employee’s controverted or contested claim is decided in the

employee’s favor, any leave credits charged (and sick leave at half pay
eligibility) shall be restored proportional to the net monetary award

credited to New York State by the Workers’ Compensation Board.
(c) If the employee was in leave without pay status pending determination

of a controverted or contested claim, and the claim is decided in the
employee’s favor, the employee shall receive the benefits in Paragraph

11.5.
(d) Where a claim for Workers’ Compensation is controverted or

contested by the State Insurance Fund, the parties will abide by the
determination of the Workers’ Compensation Board.

§11.7 (a) If the date of the disabling incident is prior to April 1, 1986, the
benefits available shall be as provided in the 1982-85 State/CSEA

Agreement.
(b) If the date of the disabling incident is on or after April 1, 1986, and

prior to July 1, 1992, the benefits available shall be as provided in the 1988-
91 State/CSEA Agreement.

(c) If the date of the disabling incident is on or after July 1, 1992, and
prior to July 1, 2004, the benefits available shall be as provided in the 1999-

2003 State/CSEA Agreement.
(d) If the date of the disabling incident is on or after July 1, 2004, and

prior to July 1, 2008, the benefits available shall be as provided in the 2003-
2007 State/CSEA Agreement.

(e) If the disabling incident is on or after July 1, 2008, the benefits

available shall be as provided herein.
§11.8 Mandatory Alternate Duty
The parties agree to develop, as soon as possible, a mandatory alternate

duty policy for employees who request or are directed to return to work

after suffering an occupational injury or disease. The Mandatory Alternate
Duty Policy will allow management to recall an employee to duty and will

allow an eligible employee to request to return to duty subject to the
eligibility criteria in the policy. The basic tenets of the Mandatory Alternate

Duty Policy shall include, but not be limited to, the following:
(1) An employee’s level of disability must be classified as 50 percent or

less disabled by the State Insurance Fund.

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