Table Of Contents
. . .
- Preparation, Adoption and Revision of Regulations
- Exemptions from Civil Service
- Classification Plan
- Pay Plan
- General Requirements for Applicants
- Eligible Lists
- Requisitions, Certification and Appointment
- Limited-Term Appointments
- Assignments and Transfers
- Probationary Period
- Resignation, Reinstatement, Restoration and Retirement
- Dismissals, Demotions, Suspensions and Appeals
- Hours of Work
- Vacation Leave
- Sick Leave
- Leaves of Absence
- Performance Reports
- Working Conditions
- Records and Reports
- Training of Employees
- Safety, Health, Welfare and Recreation
- Labor Relations
- Political Activity
- Residence Requirement
- Interim Regulations
- Injury and Disability:
32.01, 32.05, 32.07+
- Miscellaneous Regulations
. . .
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32. INJURY AND DISABILITY
(32.01 to 32.04999)
- 32.01 - PURPOSE, SCOPE AND EFFECTIVE DATE.
- 32.011 - PURPOSE.
The purpose of this section of this regulation is to provide benefits for and it shall apply to all employees in the civil service except, temporary, emergency, seasonal, and part-time employees, and those paid at an established hourly rate. (Refer to Section 6.151.)
- 32.012 - SCOPE.
This regulation deals with:
- 32.0121 - temporarily disabled employees;
- 32.0122 - permanently and totally disabled employees;
- 32.0123 - permanently and partially disabled employees.
- 32.013 - EMPLOYEES COVERED.
This regulation applies to any employees entitled on or after January 1, 1961, to compensation as disabled employees. Employees who elect to receive Worker's Compensation benefits are not entitled to benefits under this regulation except as otherwise provided in these regulations.
- 32.014 - RETROACTIVE PAYMENTS.
This regulation does not authorize payments for any period prior to the date the provision in it conferring the particular benefit on the particular class became operative.
- 32.02 - DEFINITIONS.
- 32.021 - DATE OF DISABILITY - the date of the earliest event which caused a specific disabling condition or conditions or proximately contributed to their development. If such disabled employee continued full, normal, active duties without interruption following the disabling event, the date of disability arising therefrom shall be the date of the first interruption in full, normal, active duties caused by said disability. The date of disability shall not be further deferred or restated by reason of any subsequent resumption of full, normal, active service.
- 32.022 - DISABILITY - a physical or mental condition caused by injury or occupational disease, including heart and lung ailments, which is service-connected and prevents an employee from performing the regular duties of the job classification to which the employee is assigned. Disability does not include any condition which is self-inflicted or caused by another person for reasons personal to the employee and not because of this employment.
- 32.023 - DISABILITY SALARY - Seventy-five percent (75%) of the base pay an employee was being paid on the date of disability for all employees who are required by the tax code to make Social Security contributions and eighty (80%) percent of the base pay an employee was being paid on the date of disability for all employees who are not required by the tax code to make Social Security contributions. This base pay shall be adjusted in accordance with any subsequent upward or downward revision of the rates of pay for positions in the employee's class plus any earned pay step increases which the employee would have received subsequent to the disability date had the employee not been disabled, and assuming the employee had received performance ratings of Satisfactory or better. Base pay shall exclude: overtime, holiday pay, and out of class. Deductions shall be made for Social Security and pension except for employees represented by the Fraternal Order of Police and the International Association of Firefighters who shall have only deductions made for pension. Other deductions to be made according to the relevant provisions of the tax code. Disability salary payments are made in lieu of Workers' Compensation.
- 32.0231 - DISABILITY SALARY FOR POLICE OFFICERS INJURED ON DUTY. Notwithstanding any other provisions of these regulations, a Police Officer who is injured on duty as (1) an immediate result of the violent conduct of a third party that was directed towards the officer or a member of the public, or (2) an immediate result of performing other heroic action in an emergency situation in the line of duty, shall receive IOD pay at 100% of the officer's pre-injury base pay, including longevity. This regulation shall not cover injuries resulting from vehicular accidents in which the injured officer is a vehicular occupant at the time of the injury. The determination for the 100% pre-injury pay benefit shall be made at the sole discretion of the Police Commissioner.
- 32.024 - ELIGIBILITY FOR RETIREMENT - the possession of minimum service and age requirements to qualify for pension or retirement benefits from the Municipal Pension Fund of Philadelphia, provided however, that, for the purposes of this Regulation the minimum retirement age for Fire employees retiring under the provision of the Firemen's Pension Fund Plan (Fire Division-Old, Ordinance of December 3, 1956, Bill 907) shall be deemed to be fifty (50) years of age.
- 32.025 - MEDICAL BOARD - a committee consisting of three physicians designated, as needed, selected by the Philadelphia County Medical Society or other professional sources apart from the City government.
- 32.026 - PARTIAL DISABILITY - disability which prevents an employee from performing the normal duties of the employee's position, but which does not prevent the employee from performing the duties of some other position in the civil service.
- 32.027 - PERMANENT DISABILITY - disability determined as not medically correctable and likely to continue for the remainder of the employee's life.
- 32.028 - SERVICE-CONNECTED DISABILITY - any disability arising out of or occurring in the course of employment in the civil service.
- 32.029 - TEMPORARY DISABILITY - disability determined not to be permanent.
- 32.0210 - TOTAL DISABILITY - disability which prevents an employee from performing any kind of gainful employment.
- 32.03 - DETERMINATION AS TO THE NATURE AND SERVICE CONNECTION OF DISABILITY.
- 32.031 - TOTAL OR PARTIAL AND PERMANENT OR TEMPORARY DETERMINATIONS.
Determination as to whether disability is total or partial or permanent or temporary shall be made as follows:
- 32.0311 - The Medical Director shall initially determine the nature and extent of the disability.
- 32.0312 - The disabled employee or the appointing authority has the right to ask that a Medical Board review the determination of disability. This request, in writing, must be filed with the Director not later than fifteen (15) days after receipt by the employee of a written notice from the Director of such
determination made by the Medical Director.
- 32.0313 - Any employee, at the employee's own expense, may obtain and present to the Medical Board any medical histories, reports or testimony.
- 32.0314 - After the Medical Board completes its examinations and reviews the evidence, it shall report its findings and conclusions to the appointing authority and to the disabled employee or the employee's physician, which findings and conclusions shall prevail subject only to appeal to the Civil Service Commission.
- 32.032 - SERVICE-CONNECTED DISABILITY DETERMINATIONS.
Determination of whether a disability is service-connected shall be made by the employee's appointing authority on the basis of:
- 32.0321 - All the facts in the service history of the case.
- 32.0322 - The findings of the Medical Director and/or the Medical Board.
- 32.0323 - Such evidence as the employee, at employee's own expense, may submit of the service-connection of the disability.
- 32.0324 - Other relevant evidence submitted to the appointing authority.
- 32.0325 - There shall be no presumption that any disability is service-connected, but such determination shall be made as provided herein.
- 32.033 - PRIOR DETERMINATIONS.
A determination made prior to this regulation concerning the nature or service-connection of an employee's disability shall be accepted as a basis for benefits under this regulation.
- 32.034 - REVIEW AND REDETERMINATION OF DISABILITY STATUS.
Upon written request filed with the Director an employee may, not more than once in each calendar year, obtain a review and redetermination of the status of the employee's disability.
- 32.04 - TEMPORARILY DISABLED EMPLOYEES.
- 32.041 - COMPENSATION.
The compensation of a temporarily disabled employee shall be:
- 32.0411 - Disability salary; plus
- 32.0412 - Seventy-five (75%) percent for all employees who are required by the tax code to make Social Security contributions and eighty (80%) percent for all employees who are not required by the tax code to make Social Security contributions of any increments to which the employee becomes entitled during the period of disability prior to the employee's return to as provided by law.
- 32.0413 - Notwithstanding any other provision of these regulations, an employee shall not be eligible for compensation under these regulations unless the employee has complied with the provisions herein.
- 32.0414 - COMPENSATION FOR TEMPORARILY DISABLED POLICE OFFICERS INJURED ON DUTY. Notwithstanding any other provisions of these regulations, a Police Officer who is injured on duty as (1) an immediate result of the violent conduct of a third party that was directed towards the officer or a member of the public, or (2) an immediate result of performing other heroic action in an emergency situation in the line of duty, shall receive IOD pay at 100% of the officer's pre-injury base pay, including longevity. This regulation shall not cover injuries resulting from vehicular accidents in which the injured officer is a vehicular occupant at the time of the injury. The determination for the 100% pre-injury pay benefit shall be made at the sole discretion of the Police Commissioner.
- 32.042 - WORK ASSIGNMENTS.
The appointing authority or the Director may assign a temporarily disabled employee to other duties during the period of disability. Such assignment shall be consistent with the employee's physical condition and shall be approved by the Medical Director.
- 32.043 - MEDICAL AND PHYSICAL RE-EXAMINATIONS.
A temporarily disabled employee must remain under the care of a physician authorized by the Medical Director to be entitled to benefits under this regulation. At any time, and from time to time, the appointing authority may require a temporarily disabled employee to be re-examined and a redetermination made of the employee's disability status.
- 32.044 - RETURN TO DUTY.
Any employee determined to be able to resume the employee's duties shall do so upon instructions of the appointing authority.
- 32.045 - TIME RESTRICTION.
An employee determined to be temporarily disabled may be continued in such status for a period not to exceed one year for each work-related injury. Upon the recommendation of the Medical Director, the period in temporary total disability status may be extended in six (6) month increments at the discretion of the appointing authority. An employee may be continued in temporary total disability status for a period not to exceed three years in the aggregate, during an employee's employment with the City.
- 32.046 - RELATED COVERAGE AND BENEFITS.
During the period of temporary disability, the said employee shall be entitled to pay pension contributions and shall continue to receive health-medical plan and group life insurance benefits, and accrue credits for sick leave, and the employee's absence from work during such disability shall not be charged against accrued sick leave.
Should such employee continue in temporary disability status and receive the maximum three (3) year benefits for temporary total disability, the employee shall, at the termination of such maximum payment period, be separated from City employment, and, in consideration of the maximum benefits received hereunder, he shall forfeit all claims or rights to accumulated sick leave, accumulated vacation leave, and compensatory time to the employee's credit, and shall receive, so long as the disabled employee is under active treatment with a physician authorized by the Medical Director, the medical care and hospitalization required in connection with such disability as approved by the Medical Director.
- 32.047 - COMPLIANCE WITH TREATMENT.
An employee determined to be temporarily disabled shall cooperate with and accept all reasonable and appropriate City provided medical care including diagnostic testing, physical therapy, and established corrective surgical procedures in order to continue receiving benefits under this section.
A Regulation 32 employee who is instructed, by a physician authorized by the Medical Director, to accept reasonable medical treatment, and does not do so, is being insubordinate, even if the employee disagrees with the treatment. In such a situation, however, the employee may appeal to the Civil Service Commission. Should the employee file an appeal with the Civil Service Commission within thirty (30) days of such refusal to accept the treatment, the employee's absence from work for the period between the date of filing such appeal and the date a decision thereon is entered by the Commission shall be charged against accrued sick leave, vacation leave or holiday compensatory time. In the event that accrued sick and vacation leave and compensatory time are utilized and exhausted during the period prior to the Commission's decision, the employee shall thereafter be carried without pay. A Commission decision adverse to the employee will entitle the City to recover wages paid by the City for sick leave so used retroactive to the date of the appeal.
In the event the treatment ordered is to undergo surgery against the recommendation of the employee's private physician, this regulation provides for an intermediary step wherein a doctor shall be selected from a standing panel of surgeons chosen by the City and the unions to render a determinative opinion as to the efficacy of surgery. All appeals to the Civil Service Commission from this determinative opinion shall be made in accordance with the above section.
- 32.048 - VERIFICATION OF INCOME.
An employee determined to be temporarily disabled shall provide copies of the employee's federal tax return(s) for the year(s) in which the employee was temporarily disabled.