[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.
[Ord. 6/19/97, § 3]
a. 
In any case in which a neutral examining physician is to be selected, the parties will utilize the following procedure:
1. 
The Town's physician and the officer's physician shall select the physician to conduct the examination of the officer-FF/EMT (i.e., the neutral physician). Whenever possible, the neutral physician shall be employed by or have privileges at a teaching hospital in the State of Rhode Island or the Commonwealth of Massachusetts. The officer's-FF/EMT's physician, after consultation with his patient, and the Town's physician, after consultation with Town authorities, shall select the neutral hospital and the neutral physician who has privileges or is employed by that hospital. The parties shall utilize the neutral hospital to the extent that the services of said hospital are needed in connection with the examination. If the Town's physician and the officer's-FF/EMT's physician cannot agree on a neutral physician, then the parties shall have the Director of the Rhode Island Medical Society select a physician whose primary specialty is in a related area of that disabling injury/illness. The physician selected must be in a practice and not an independent medical examiner for hire.
b. 
The Town shall identify, in writing, to the officer-FF/EMT and his/her representative the records which it intends to submit to the neutral physician. Within 14 days of the receipt of such notice, the officer-FF/EMT may demand in writing that the Town submit to the neutral physician specific additional documents which the officer-FF/EMT believes should be considered by the neutral physician. The officer-FF/EMT shall provide the additional documents to the Town, unless the Town and the officer-FF/EMT agree that the Town already has the documents in its possession. Upon the expiration of the 14 days, the Town shall submit the documents, including any designated by the officer-FF/EMT, to the neutral physician.
c. 
No information in addition to that submitted to the neutral physician pursuant to paragraph b of this section shall be submitted to the neutral physician unless there was a significant oversight in the documents submitted by either party or there are significant medical developments between the time of the original submission of information and the time of the examination. In the event of such circumstances and/or developments, relevant medical records must be submitted by the party seeking to have the neutral physician consider the records to the other side and the neutral physician at least 48 hours before the examination. Neither the Town nor the officer-FF/EMT shall communicate with the neutral physician prior to the examination except as necessary to schedule the examination and to forward medical records and documents for the neutral physician's consideration.
d. 
The neutral physician and the officer-FF/EMT shall schedule the examination. The examination shall take place as soon as possible. The officer-FF/EMT shall be required to attend the examination as scheduled unless a bona fide emergency prevents the officer-FF/EMT from attending. In the event of such an emergency, the officer-FF/EMT shall give notice to the Town and the neutral physician at the earliest possible opportunity and a new examination date shall be agreed upon.
e. 
The results of the examination shall be mailed to the Town, the officer-FF/EMT, and their physicians.
f. 
If the officer-FF/EMT does not attend, or refuses to attend, or to cooperate, in the scheduling or conduct of the examination, the officer-FF/EMT shall be deemed fit for duty. In such circumstances, the Town shall notify the officer-FF/EMT of his or her fitness for duty and obligation to report for duty.
g. 
1. 
The neutral physician shall determine whether the factual and medical evidence demonstrates to a reasonable degree of medical certainty that (i) the officer-FF/EMT is incapable of performing the full range of police-FF/EMT duties expected of an officer-FF/EMT as defined in Section 19-1e; and (ii) the officer-FF/EMT became disabled in the course of performing Police/Fire Department duties. The neutral physician's determination shall be binding on the Town and the officer-FF/EMT.
2. 
If the neutral physician finds that the officer-FF/EMT has become totally disabled in the course of performing his or her official duties, the Town shall process the officer-FF/EMT for disability retirement as set forth in Section 19-4.
3. 
If the neutral physician finds the officer-FF/EMT fit for duty, the office-FF/EMT shall report for duty within 48 hours after receiving the physician's finding. If the officer-FF/EMT fails to so report, he or she shall be deemed to have voluntarily resigned his or her position.
4. 
If the neutral physician determines that the office-FF/EMT is incapable of performing the full range of duties normally expected of an officer-FF/EMT as defined in Section 19-1e but the medical and factual evidence does not show within a reasonable degree of medical certainty that the officer's-FF/EMT's injury or illness was caused in the performance of police-FF/EMT duties, the officer-FF/EMT shall not be required to return to duty but the following options will be considered:
(a) 
The officer-FF/EMT may be processed for retirement and, if eligible, receive a retirement due to health related conditions; if the officer-FF/EMT is not eligible (less than 10 years service), then the officer-FF/EMT would be entitled to any retirement benefits to which he or she would be entitled under State law, Town Ordinance, or the respective Collective Bargaining Agreements.
(b) 
If the officer-FF/EMT has any accrued sick leave, the Town shall elect to allow the officer-FF/EMT to utilize all said sick time and, at the expiration of said sick time, to be reexamined by the neutral physician to determine if the officer-FF/EMT is capable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e. If the officer-FF/EMT is incapable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e, then the officer-FF/EMT may be processed for a retirement due to health related conditions, if eligible, and if ineligible, will be afforded any retirement benefits to which he or she may be entitled under State law, Town Ordinance, or the respective Collective Bargaining Agreements.
[Ord. 6/19/97, § 4]
a. 
Any officer-FF/EMT disabled while performing police-FF/EMT duties shall receive a disability retirement in lieu of workers compensation of 68% of the officer's-FF/EMT's annual salary at the time of his or her disability retirement in accordance with R.I.G.L. § 45-19-19.
b. 
Any officer-FF/EMT receiving disability benefits under paragraph a of this section shall also receive (i) the same health coverage benefits as an officer-FF/EMT receiving a normal retirement pension in accordance with the respective Collective Bargaining Agreements between the Union representing the officers-FF/EMTs and the Town in effect at the time of the disability retirement; and (ii) to the extent required by State law, payment for medical expenses arising out of the injury or illness which caused the officer-FF/EMT to retire.
c. 
Any officer-FF/EMT receiving disability benefits under subsection (a) of this section shall not (i) accumulate sick time; (ii) receive clothing or cleaning allowance; (iii) receive holiday pay; or (iv) continue to accumulate or be paid for vacation days or longevity after the date that the officer-FF/EMT began receiving disability benefits under paragraph a of this section.
[Ord. 6/19/97, § 5]
a. 
At the Town's discretion, any officer-FF/EMT on disability retirement shall be subject to an annual medical examination to verify the officer's-FF/EMT's medical condition and to determine whether the officer-FF/EMT is still incapable of performing the full range of police-FF/EMT duties normally expected of an officer-FF/EMT as defined in Section 19-1e. The Town shall have the right to waive the annual examination requirement for an officer-FF/EMT when the nature of the officer's-FF/EMT's disability clearly demonstrates that the officer-FF/EMT remains incapable of performing the full range of duties expected of an officer-FF/EMT.
b. 
A physician selected by the Town shall perform the examination. If the Town's physician notifies the Town that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer-FF/EMT is capable of returning to police-FF/EMT duties as defined in Section 19-1e, the Town shall so notify the officer-FF/EMT in writing within 15 days of receiving such notice. Within 30 days of receiving notice from the Town, the officer-FF/EMT may submit to the Town a medical opinion from the officer's-FF/EMT's treating physician regarding the officer's-FF/EMT's ability to perform the full range of police-FF/EMT duties as defined in Section 19-1e. Both medical opinions shall set forth the factual and medical evidence, including any test results, upon which the physician relies in basing his/her opinions. If the two physicians agree that the officer-FF/EMT is capable of performing police-FF/EMT duties as defined in Section 19-1e, then the officer-FF/EMT will be returned to duty unless processed for a regular retirement in accordance with Section 19-1g. Rank adjustments will be made and placement will be made according to seniority with no broken time and the least senior officer-FF/EMT will be laid off. If the two physicians do not agree, the parties will follow the procedure for the selection of, and examination of, the officer-FF/EMT by a neutral physician, in accordance with Section 19-3 of this chapter.
c. 
If the neutral physician finds that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer-FF/EMT is capable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e, then the Town may require the officer-FF/EMT to report to duty within 48 hours. This duty may be modified to include EMT recertification, if necessary, and any other required certification, prior to a return to full duty. If the officer's-FF/EMT's time of service, including the time of disability, is more than 25 years, the Town shall process the officer-FF/EMT for a regular retirement in lieu of reporting for duty. If the officer's-FF/EMT's time of service, including any periods of disability, is less than 25 years of service and he or she fails to report for duty, he/she shall be deemed to have voluntarily resigned and will receive whatever benefits and credits the officer-FF/EMT is entitled to under Town Ordinance, Town Pension Plan, State law and the respective Collective Bargaining Agreements.
d. 
If the neutral physician finds that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer-FF/EMT is incapable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e, then the officer-FF/EMT will remain on disability retirement unless a future examination determines that the officer-FF/EMT is capable of performing the full range of police-FF/EMT duties as defined in Section 19-1e.
e. 
1. 
The Town shall pay for the cost of the examination by its physician. The Town will also pay the reasonable travel expenses incurred by the officer-FF/EMT to attend said examination if the officer-FF/EMT legally resides outside of New England and must travel to New England for the exams or more than 120 miles from his or her legal residence to the place of exam if in New England. Any officer-FF/EMT who legally resides outside of New England shall notify the Town if he or she intends to be in New England at or about the time the officer-FF/EMT is due for his or her annual examination so that the Town can attempt to schedule the examination to coincide with the officer's-FF/EMT's presence in New England in order to avoid having to pay the reasonable travel expenses of another trip to New England. The Town will then either (i) notify the officer-FF/EMT that they will set an examination at a mutually convenient time while the retired officer-FF/EMT is in New England; (ii) notify the officer-FF/EMT that the Town reserves its right to set an examination for the current year at a time other than when the retired officer-FF/EMT is in New England, subject to the remaining provisions in this paragraph e1; or (iii) waive the requirement for an examination in the current year. In lieu of paying travel expenses, the Town may select a physician within a 50 mile radius of where the officer-FF/EMT is then residing to conduct the examination.
2. 
The Town shall pay for the examination by the neutral physician, but the officer-FF/EMT shall be responsible for any costs that he/she must incur to make him/herself available for the examination by the neutral physician.
[Ord. 6/19/97, § 6]
a. 
If a determination is made pursuant to Section 19-3 that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that an officer-FF/EMT suffered an injury or illness not in the line of duty, (or if the parties agree that the illness or injury was not in the line of duty) and the officer-FF/EMT is incapable of performing police-FF/EMT duties, the officer-FF/EMT will be afforded those procedures outlined in Section 19-1h and will be entitled to all rights and benefits allowed by this particular chapter, the respective Collective Bargaining Agreements, Town Ordinance, Town Pension Plan and State law.
b. 
To ascertain the condition of any officer-FF/EMT who has remained absent from work for five consecutive work days, the Town may require the officer-FF/EMT to provide it with medical records in the manner set forth in Section 19-2b.
c. 
If an officer-FF/EMT has exhausted his or her sick leave but not returned to work, the Town may require the officer-FF/EMT to submit to an examination by a physician chosen by the Town. The medical examination may include a psychiatric examination if the officer-FF/EMT claims that his or her absence from work 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. The cost of the examination shall be borne by the Town.
d. 
Any officer-FF/EMT who has suffered an injury or illness not incurred in the performance of police-FF/EMT duties and who is incapable of returning to the full range of police-FF/EMT duties outlined in Section 19-1e, may be processed for retirement for health related conditions as defined in Section 19-1h. It is understood that an officer-FF/EMT, to be eligible to retire for health related conditions, must have completed 10 years of service prior to his or her sustaining a non-work related injury or illness. Any officer-FF/EMT completing said 10 years of service shall be retired pursuant to the Town of Little Compton Pension Plan.
e. 
If an officer-FF/EMT has been retired due to health related conditions and has not yet attained the 25th anniversary of his/her entry into the Department, the officer-FF/EMT or the Town may elect to have the officer-FF/EMT examined on an annual basis to determine whether the officer-FF/EMT remains incapable of performing the full range of police-FF/EMT duties as outlined in Section 19-1e. Within that period, the parties will follow the disability retirement evaluation procedure as outlined in Section 19-6.