SECTION 16
OCCUPATIONAL INJURY
A. Occupational Injury or Illness - General
1. Filing of Claim
A Flight Attendant may file an occupational injury claim at any time that he/she believes he/she has suffered an injury or illness on the job. State law shall govern whether an individual claim is compensable.
2. Report of Injury or Illness to the Company
A Flight Attendant shall report his/her occupational injury or illness to a designated Company representative as soon as he/she becomes reasonably aware of such injury or illness.
3. Examination and Treatment
Unless otherwise dictated by State Workers' Compensation law in the jurisdiction in which the claim is filed, a Flight Attendant shall have the option to choose his/her primary doctor for the initial assessment and treatment of his/her occupational injury or illness so long as the name of his/her primary doctor is on file with the Company. If a Flight Attendant has not so designated his/her primary doctor, the Flight Attendant shall receive the initial assessment of his/her occupational injury or illness from a Company designated doctor.
B. Occupational Injury Compensation
1. Pay During Waiting Period
The Company shall continue to pay the Flight Attendant's base pay during the "waiting period" between the time of injury or illness and the commencement of the compensation payments, regardless of length of service with the Company. The "waiting period" payments shall not be charged against the Flight Attendant's sick leave accrual.
NOTE: In cases where the laws and/or regulations provide for retroactive compensation payments back to the first (1st) day of injury or illness and the Flight Attendant has been paid by the Company in accordance with subparagraph B.1., above, the amount of such compensation payments covering the "waiting period" shall be deducted from the Flight Attendant's pay.
2. Pay Beyond Waiting Period
If the absence because of occupational injury or illness continues beyond the "waiting period", the Flight Attendant shall select from the following options:
a. Elect to receive sick leave pay to the extent of his/her sick leave accrual as provided under Section 15 of this Agreement. However, there shall be deducted from such sick leave payment any payment received from Workers' Compensation benefits covering the same period of absence, to an equal dollar amount, and the Flight Attendant shall have his/her sick leave accrual restored by the number of hours equivalent to such deduction; or
NOTE: This option may result in the Flight Attendant receiving payment from both his/her sick leave accrual, and the Company's Workers' Compensation administrator. The Flight Attendant shall endorse the Workers' Compensation check(s) over to the Company to avoid recoupment of overpayment at a later date.
b. Elect to receive Workers' Compensation benefits only (i.e., in lieu of receipt of sick leave pay).
NOTE: This option shall only provide the Flight Attendant with a percentage of his/her monthly income, as determined by the governing Workers' Compensation law. This option shall result in removal of the Flight Attendant from payroll.
3. Company Paid Insurance Premiums
a. If a Flight Attendant reports his/her occupational injuries or illnesses within twenty-four hours (24:00) of such occurrence, he/she shall be eligible for Company paid insurance premiums as defined in paragraph B.3.b., below.
b. A Flight Attendant who has complied with subparagraph 3.a., above, and who has exhausted all accrued sick leave and is not eligible for Family and Medical Leave Act of 1993 (FMLA) shall be provided up to three (3) months of Company paid insurance benefits as provided in Section 29 of this Agreement from the date of occupational injury or illness.
C. Longshore and Harbor Workers' Compensation Act (LHWCA)
For Workers' Compensation purposes, a Flight Attendant shall be provided the benefits afforded by all the provisions of the Federal Longshore and Harbor Workers' Compensation Act (LHWCA) in effect at the time of the occurrence which gives rise to the claim of benefits if:
1. He/She is engaged in international flying at the time of the occurrence; and
2. The injury occurs on board an aircraft or in the process of embarking on or disembarking from an aircraft under circumstances which make the Flight Attendant eligible for Workers' Compensation under the applicable Workers' Compensation law.
D. Injury In Event of an Aircraft Accident
A Flight Attendant who is entitled to the benefits described in paragraphs B. and/or C., above, as a result of an injury or illness sustained in an "aircraft accident", as that term is defined in subparagraph D.1., below, shall receive the additional wage payments described below subject to the following conditions:
1. Definition of Aircraft Accident
"Aircraft accident" as used in this paragraph D. shall have the definition and meaning as set forth in 49 Code of Federal Regulations Section 830 on the date of signing of this Agreement.
2. Additional Wage Payments Following an Aircraft Accident
For the period of time following the aircraft accident until the Flight Attendant has sufficiently recovered from his/her injury or illness to resume his/her duties as a Flight Attendant, he/she shall receive, in addition to the benefits provided under paragraphs B. and/or C., above, such additional wage payments as required to provide him/her with monthly wages equivalent to his/her "average monthly credited hours".
1. Definition of Average Monthly Credited Hours
"Average monthly credited hours" as used in subparagraph D.2., above, shall be calculated by:
a. Totaling the credited hours for each of the six (6) flying months immediately preceding the month in which the aircraft accident in question occurred and in which the Flight Attendant in question was on active status, and
b. Dividing such total by six (6).
In no case shall the average monthly credited hours exceed the Flight Attendant's average monthly maximum for the preceding six (6) months. In the case of a Flight Attendant who was not on active status for six (6) full flying months prior to the month of the aircraft accident, the average monthly credited hours shall be deemed to be the monthly line average at the Flight Attendant's base for each of the six (6) months immediately preceding the month in which the aircraft accident in question occurred.
2. Return to Active Status Following an Aircraft Accident
In the event that the Flight Attendant desires to return to work and the Company has reasonable grounds to believe such injured Flight Attendant has not sufficiently recovered from his/her injury or illness to perform Flight Attendant duties, the Company may require the Flight Attendant to submit to the medical examination procedures set forth in Section 17 of this Agreement.
3. Recovery from Illness or Injury
A Flight Attendant who has sufficiently recovered from his/her injury or illness to perform Flight Attendant duties shall not be entitled to the additional benefit provided by subparagraph D.2., above, after the date such sufficient recovery was reached.
4. Maximum Duration of Benefits
The maximum duration of the benefit provided under this paragraph D. shall be six (6) months.