Philadelphia Federation of Teachers School District of Philadelphia

K. Workers’ compensation
1. Eligibility. As set forth in this Section, active employees in all bargaining
units shall be covered by the School District’s workers’ compensation program
for injuries or illnesses arising out of the course of employment.
2. Bureau of Workers’ Compensation. Except as set forth herein, the School
District shall provide workers’ compensation benefits to employees in accordance
with the Pennsylvania Workers’ Compensation Act (WCA) except that
in no event will payments to the employee be less than sixty-six and two-thirds
percent (662 ⁄3%) of base pay.
3. Injuries or Illnesses Sustained by Physical Assault.
(a) During the first year of an employee’s absence because of injury sustained
as the result of a physical assault by reason of his/her status as an employee and
the past or present performance of his/her duties as an employee, such employee
shall be paid an amount, including payments, if any, to which he/she is entitled
under the WCA, equal to the compensation he/she would have received during
the period of his/her absence; provided that the employee treats with the School
District’s panel of physicians for ninety (90) days. The employee’s absence shall
not be charged against his/her sick leave or personal leave. The employee’s
reasonable medical expenses arising out of such injury will be reimbursed by the
School District in accordance with the WCA.
(b) Effective February 1, 2010, employees who are on an approved workers
compensation absence resulting from a physical assault, as set forth in Article
XIII, Section K.(3)(a), who separate from employment due to the assault will
have medical benefits, including payments to the Philadelphia Federation of
Teachers Health and Welfare Fund, provided by the School District for no more
than five (5) years after separation from employment at the same level provided
prior to separation so long as the employee continues to receive workers compensation
payments.
4. Offsets. In accordance with the WCA, the School District shall be permitted
to offset benefits under the WCA against other income.
5. Delivery System. The School District shall retain the right to explore,
jointly with the Federation, a contract for workers’ compensation benefits
through insurance and/or other delivery systems, including but not limited to a
capitated medical delivery program that complies with the terms of this
Section.
6. Employees shall continue to be eligible to participate in an employer
sponsored medical plan for up to twelve (12) months following commencement
of an approved occupational injury claim. If the employee does not return to
work following the termination of an approved occupation injury claim of a
duration greater than six (6) months but less than twelve (12) months, or if the
employee’s (or former employee’s) approved occupational injury claim extends
beyond twelve (12) months, the amount of approved time in excess of six (6)
months, during which the employee participates in the Employer Group Health
Care Plan shall be considered to have been an alternative to PHSA (Public
Health Service Act) coverage and shall reduce the amount of time for which the
employee may elect PHSA coverage.
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XIII. Benefits