[Ord. 6/19/97, § 1]
When used in this chapter:
a.
1. OFFICER – Shall mean full time police officers employed on
a full time basis by the Little Compton Police Department.
2. FF/EMT – As used herein shall mean full time fire fighters
and emergency medical technicians employed on a full time basis by
the Little Compton Fire Department.
b. DISABILITY RETIREMENT – Shall mean the retirement of an officer-FF/EMT
pursuant to injuries and/or illnesses incurred in the line of duty
pursuant to R.I.G.L. 45-19-19.
c. INJURED ON DUTY STATUS – Shall mean to have suffered an injury
or contracted an illness in the line of duty or while performing police-FF/EMT
duties.
d. INJURY OR ILLNESS INCURRED IN THE LINE OF DUTY OR WHILE PERFORMING
POLICE-FF/EMT DUTIES – Shall mean any injury or illness, caused
by an incident or trauma, or series thereof, which is demonstrated
to a reasonable degree of medical certainty based on the factual and
medical evidence to have occurred during the performance of police-FF/EMT
duties.
e. PERFORMANCE OF POLICE-FF/EMT DUTIES – Shall mean the performance
of the full range of duties regularly expected of an officer-FF/EMT
as set forth in the respective Collective Bargaining Agreements between
the Union representing the officers and/or the FF/EMTs and the Town
and the Rules and Regulations of the Little Compton Town Code, as
amended. It is further understood that any physician performing a
medical examination or participating in a medical arbitration pursuant
to this chapter will be provided with a copy of the specific sections
of the Rules and Regulations which relate to the full range of duties
expected of an officer-FF/EMT when determining the disability of any
officer-FF/EMT.
f. PHYSICIAN – Shall include medical doctors and psychologists
and/or psychiatrists.
g. REGULAR RETIREMENT – Shall mean the retirement of any officer-FF/EMT
who has completed 25 years of service for the Town of Little Compton
pursuant to the respective Collective Bargaining Agreements between
the Union representing the officers and/or FF/EMTs and the Town.
h. RETIREMENT FOR HEALTH RELATED CONDITIONS – Shall mean the retirement
of any officer-FF/EMT who is injured and/or incurs illness not in
the line of duty; has completed at least 10 years of service for the
Town of Little Compton; and is incapable of performing the full range
of duties expected of an officer-FF/EMT. Said officer-FF/EMT will
be retired pursuant to Town of Little Compton Pension Plan and this
chapter.
i. TOTAL DISABILITY – Shall mean the inability to perform police-FF/EMT
duties because of an injury or illness suffered by the officer-FF/EMT.
[Ord. 6/19/97, § 2]
Any officer-FF/EMT who suffers an injury or illness in the line
of duty and is incapable of performing police-FF/EMT duties may be
placed on disability retirement under the following procedure:
a.
1. Any officer-FF/EMT who remains absent from work for six consecutive
months in an injured on duty status (IOD) or who, at any time, petitions
for a disability retirement under this section shall, at the request
of the Town, submit to a medical examination by a physician of the
Town's choosing. The medical examination may include a psychiatric
or psychological examination if the officer-FF/EMT claims that his
or her illness or injury is related to any mental condition or mental
illness, or, if the examining physician deems such an examination
reasonably necessary to determine whether the officer-FF/EMT is disabled.
2. The cost of the examination shall be borne by the Town.
3. If the officer's-FF/EMT's treating physician and the Town's physician agree that the officer-FF/EMT has, or has not, become incapable of performing police-FF/EMT duties as defined in Section
19-1e, the determination shall be binding upon the parties and the officer-FF/EMT will either return to duty or be placed on disability retirement according to this determination.
4. If the officer's-FF/EMT's treating physician disagrees with the findings made by the Town's physician, the officer-FF/EMT shall have the right to be examined by a neutral physician selected according to the procedure provided for in Section
19-3.
b. At the Town's request, any officer-FF/EMT who has been absent
from work for five consecutive work days or more shall provide to
the Town (i) all medical records relating to the absence by treating
or diagnosing physicians or hospitals, including records of diagnostic
tests, or (ii) a medical records release allowing the Town to obtain
the medical records directly. The Town shall cause copies of records
it obtains, by virtue of such a release, to be sent to the officer-FF/EMT.
The Town shall keep all records under seal and absolutely confidential
and these records may only be reviewed by the Town's legal counsel,
and if consultation is necessary, counsel may review said records
with the Town Council, Police or Fire Chief and/or the Town's
selected physician. Any further review of medical records must be
done with the officer's-FF/EMT's express written consent.