Amalgamated Transit Union (ATU) Local 107 - City of Hamilton

examination on their day off. In the event that it becomes necessary to
relieve an Employee from work to keep the physician's appointment, the
Employee will be paid for all time so lost. If the Employee is sent for his
medical examination on his off-time or on his day off the City (HSR) will
reimburse him two (2) hours at straight time rate of pay.
In the event that it becomes necessary to relieve an Employee from work
to keep a physician's appointment, the Employee will be paid for a
maximum of two (2) hours at straight time.
21.04 Where illness or injury is claimed as a reason for extended absence, the
City (HSR) reserves the right to have the Employee's attendance
assessed by Return to Work/Work Accommodation Services. If the
Return to Work Specialist deems an independent medical examination is
necessary, the Employee is required to attend the appointment as
coordinated by Return to Work/Work Accommodation Services before a
determination to deny the ongoing benefit. In the case of injury, this
provision shall be governed by the provisions of the Workplace Safety &
Insurance Act.
21.05 In the event that the Return to Work/Work Accommodation Services'
evaluation differs from that of the Employee's treating physician with
respect to the Employee's ability to perform any and every duty pertaining
to either:
(a) the Employee's own occupation, or
(b) any occupation the Employee has been placed in as a result of a
work accommodation placement the City (HSR) or the Employee
may request a third party opinion.
An independent medical consultant will be mutually agreed on between
the City (HSR) and the Employee's physician(s). The Employee will report
to the selected physician for a further medical examination in respect to
his fitness to perform the duties of the occupation. The result of this
independent medical assessment shall be binding on all parties.
If the Employee requests the assessment, and should the original decision
of Return to Work/Work Accommodation Services be sustained, the
Employee will pay the consultant's charges. Should the decision be
revised, the City (HSR) will defray the fee. The fee for assessments
conducted at the City's (HSR) request will be paid for by the City (HSR).
21.06 In the event an Employee is unable to arrange a written test for his driver's
license during his off duty time, he may be permitted time off when prearranged
through the Manager of Fleet Maintenance or the
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