Sec. 2-165. - Establishment, composition, etc., of fund.

(a)

A fund, to be known as the "Workmen's Compensation Fund" is hereby established and shall be used and drawn upon only to pay claims arising from injury or death compensable under the terms of the Virginia Workmen's Compensation Act. The funds on deposit in the "City of Newport News Compensation Fund" as of June 30, 1958, shall be set aside and held in reserve as a part of the fund to be established, and the council shall, in each annual budget and as necessary, make provision for and an appropriation with which to supplement such fund.

(b)

Workmen's compensation insurance of the Newport News Waterworks Commission and in force in the City of Warwick on June 30, 1958, shall be cancelled.

(c)

The unpaid claims of the City of Newport News Workmen's Compensation Fund, as of June 30, 1958, shall become liabilities of the fund established by this section.

(Ord. No. 14, § 1; Code 1961, § 2-76; Ord. No. 3064-83)

Sec. 2-166. - Settlement and payment of claims under article.

The city manager shall have authority and he is hereby directed to settle and pay out of the workmen's compensation fund, in strict compliance with this article and the Virginia Workmen's Compensation Act, all claims under this article, and his findings, rulings and decisions shall be conclusive and binding in the allowance or refusal of claims hereunder or payments made in compliance with this article, except that all claims for death shall be paid only upon the approval of the council.

(Ord. No. 14, §§ 2, 7; Code 1961, §§ 2-77, 2-78; Ord. No. 3064-83)

Sec. 2-167. - Supplemental compensation during a period of temporary total disability and alternative employment.

(a)

Any current employee of the city who is unable to perform his duties due to an occupational injury or disease and who is drawing temporary total disability benefits as provided by the Virginia Workers' Compensation Act shall be eligible to receive supplemental compensation during the two-year period immediately following the date of injury by accident or diagnosis of disease. Such supplemental compensation shall be calculated as the difference between his pre-injury or pre-diagnosis net rate of pay, at the date of his disability, and the workers' compensation indemnity benefit. The maximum number of hours for which such supplemental compensation may be paid is one thousand forty (1040) hours.

(b)

The supplement provided for by this section shall be coordinated with any hours worked in the city's alternative employment program. Any employee who is assigned a light duty job under the alternative employment program due to a condition that would otherwise entitle him to indemnity benefits under the Virginia Workers' Compensation Act within the two-year period immediately following the date of injury or diagnosis of disease may receive his pre-injury or pre-diagnosis net rate of pay for up to two thousand eighty (2080) hours of the alternative employment. The supplementation to net rate of pay provided by subsection (a) and (b) shall not exceed a combined total of two thousand eighty (2080) hours. The "net rate of pay" is defined as "gross pay, less federal tax, social security tax and state income tax deductions, calculated on an hourly basis."

(c)

If an employee is eligible for and receiving workers' compensation indemnity benefits, he may not supplement the benefit with any accrued paid leave unless otherwise mandated by state law. No supplemental compensation provided by this section shall be paid for any period beyond two (2) years from the date of the injury by accident or diagnosis of disease.

(d)

In the event an employee shall resign, abandon or be discharged from his employment, the compensation fixed by this section shall cease from and after such date, and thereafter the employee shall receive only such compensation as is prescribed by the Virginia Workers' Compensation Act.

(Ord. No. 14, § 3; Ord. No. 1760, § 1; Code 1961, § 2-79; Ord. No. 2534-79; Ord. No. 2839-81; Ord. No. 5512-00, § 1; Ord. No. 6510-08)

Editor's note—

Ord. No. 6510-08, adopted June 24, 2008, changed the title of section 2-167 from "Supplemental compensation during a portion of temporary total disability" to "Supplemental compensation during a period of temporary total disability and alternative employment."

Sec. 2-168. - Reserved.

Editor's note—

Ord. No. 5512-00, § 2 repealed § 2-168, which pertained to compensation after six (6) weeks of disability. See the Code Comparative Table.

Sec. 2-169. - Examination of employees claiming compensation.

So long as any city employee shall remain off duty claiming compensation under disability resulting from injuries received in the actual discharge of his duties, he shall submit to an examination by the city physician, or such physician as the city designates, as often as it is deemed necessary or as the employee is requested so to do, and such physician shall report to the city manager his findings upon such examination, which finding and report shall be final and conclusive. Should the employee so off duty and claiming compensation refuse to submit to such examination, or should it be found that such employee is able to return to duty or perform other reasonable service and fails to do so, the compensation provided for in this article shall forthwith cease.

(Ord. No. 14, § 6; Ord. No. 1760, § 1; Code 1961, § 2-82)

Sec. 2-170. - Compensation to dependents in event of death.

In the event of the death of a city employee from an injury received in the actual discharge of his duties, there shall be paid to such employee's dependents, as defined in the Virginia Workmen's Compensation Act, in addition to the amount set forth in such act, the sum of twenty-five dollars ($25.00) per month; provided, however, that in no event shall this payment continue for a longer period than six (6) years from the date of the injury causing death.

(Ord. No. 14, § 5; Ord. No. 1760, § 1; Code 1961, § 2-81)

Sec. 2-171. - Definition.

Wherever the words "workmen's compensation" are mentioned within the Code of the City of Newport News, it shall be taken to mean "worker's compensation" as used in the Code of Virginia (1950), as amended.

(Ord. No. 3064-83)

Secs. 2-172—2-180. - Reserved.