1
Revised 5/2015
Table of Contents
CONTACT INFORMATION ………………………………………………………………………… 3
SECTION I – INTRODUCTION……………………………………………………………………… 4
Florida State Statute…………………………………………………………………….. 5
Drug & Alcohol-Free Workplace – S.B. Policy 3.96……………………………………………. 6
Post-Accident and Reasonable Suspicion……………………………………………………. 6
SECTION II – HOW TO REPORT AN INJURY/ILLNESS………………………………………………….. 7
Workers’ Compensation Administration Procedures for injury/illness …………………………..8
First Report of Injury (PeopleSoft Instructions)…………………………………………….9-11
After Hours Reporting…………………………………………………………………...12
Pharmacy Information…………………………………………………………………..13
Authorized Initial Care Facilities……………………………………………………..…14-18
SECTION III – HOW TO REPORT A BLOODBORNE PATHOGEN INCIDENT…………………………………...19
Job Classification List……………………………………………………………………20
Bloodborne Pathogen PeopleSoft Query……………………………………………………21
SECTION IV – WORKERS COMPENSATION GUIDELINES ……….……………………………………….22
Guidelines for Employees with Work Restrictions (LIGHT DUTY)….………………………….23-25
Workers’ Compensation Leave……………………………………………………………26
Line of Duty (LOD)……………………………………………………………………..27-28
Payroll Codes for Regular Full Time Employees……………………………………………...29
Guidelines to Workers Compensation Doctor Appointments…………………………………...30
SECTION V – SUBSTITUTES AND VOLUNTEERS..……………………………………….……………..31
Reporting Work Related Injuries for Substitutes and Volunteers…………………….....………32
.
SECTION VI – FORMS……………………………………………………………………….…..33
Resources/Forms……………………………………………………………….......…34-38
Employee Guide to Workers’ Compensation……………………………………………………39-45
2
KEY CONTACT INFORMATION
WORKERS’ COMPENSATION SECTION
RISK AND BENEFITS MANAGEMENT
General Questions
Kathy Donnelly,
Assistance with People Soft entry W/C Claims. Tech.
of Notice of Injury
Jack Orozco,
W/C Claims Tech.
Fax
Risk and Safety
Modified Duty
Jack Orozco
Assignments / Questions on work W/C Claims Tech
restrictions
Julie Sessa,
Claim Specialist
Determination of Injury Days
Jack Orozco
Timekeeping Assistance for
W/C Claims Tech
payroll contacts
Kathy Donnelly
Medical Treatment Questions
Assistance with questions
regarding Medical treatment
Accident Investigation
Identifying and analyzing key
areas of potential Risk
W/C Claims Tech
Ellen Ortu
FARA Nurse Case Manager
Paula Adams
FARA Nurse Case Manager
Safety Technician for your
Area:
Area 1 – David Daley
Area 2 – Thomas Clark
Area 3 – Troy Wilkinson
Area 4 – Fred Cahill
Area 5 – Call PX 47578
561-434-8677 PX 48677
561-434-8467
561-434-8176 PX 48176
561-434-7440 PX 47440
561-434-8176 PX 48176
561-434-8677 PX 48677
1-800-482-3272
561-357-7578
Retirement Credit for W/C
Leave
Assistance with Statutory W/C
Benefit questions
Julie Sessa
Claim Specialist
FARA Claims Adjuster
561-434-7440 PX 47440
After Hours Assistance
FARA After Hours Operator 1-877-815-3272
1-800-482-3272
3
SECTION I
INTRODUCTION
4
Introduction
Florida State Statute 440.015 Legislative Intent
It is the intent of the Legislature that the Workers’ Compensation Law be
interpreted so as to assure the quick and efficient delivery of disability and
medical benefits to an injured worker and to facilitate the worker’s return to
gainful re-employment at a reasonable cost to the employer.
The School District of Palm Beach County Risk & Benefits Management
An effective workers’ compensation program begins before an accident occurs.
There are many players in the workers’ compensation system concerned with
the delivery of benefits to the injured worker: The District Risk & Safety
Office staff, F.A. Richard (FARA)/York Risk Adjusters, the physicians, but
most of all you the employee. Without the employer’s hard work, dedication
and involvement, the workers’ compensation system will not work.
If a School District employee experiences an unexpected or unusual event an
accident resulting in personal injury, it is our intent to make sure that the
injured worker receives the best care available.
Therefore, the Risk & Benefit Management Department has put together this
“Employee Injury Procedures”, that outline proper steps and the forms needed
to file a claim. These procedures will help expedite medical treatment for the
injured worker to facilitate a speedy recovery.
5
Introduction
(Cont.)
Drug & Alcohol-Free Workplace – School Board Policy 3.96
Purpose: The School District of Palm Beach County hereby affirms its commitment to
maintaining a drug-free workplace. The term “drug-free” includes “alcohol-free”
DRUG TESTING
Pursuant to recent statutory amendments, all employees receiving treatment through the
District’s workers compensation program may be subject to substance abuse testing by
participating physicians. Results that are not in compliance with the District’s drug-free
workplace policies will be forwarded to the School Board’s Office of Professional Standards for
further review and disposition.
POST-ACCIDENT AND REASONABLE SUSPICION DRUG/ALCOHOL TESTING
School Board Policy 3.96
As soon as practicable under the following circumstances, post-accident reasonable-suspicion
testing will be done on all employees/applicants/volunteers who are involved as a driver in any
vehicular accident while performing their duties:
A.
B.
C.
on a surviving employee/applicant/volunteer when an accident results in loss of
human life. The employee/applicant/volunteer need not have been cited for a
moving traffic violation or deemed at fault to be subject to testing under this
paragraph;
when an employee/applicant/volunteer receives a citation for a moving
violation(s) and one (1) or more of the vehicles involved in the accident is towed
from the scene of the accident; or
when an employee/applicant/volunteer receives a citation for a moving
violation(s) and one (1) or more persons involved in the accident received medical
treatment away from the scene of the accident.
Sites must have trained supervisor(s) observe behaviors.
Call Professional Standards for assistance.
6
How to Report an
Injury/Illness
 Workers’ Compensation Administration
Procedures for Injury/Illness
 First Report of Injury
(PeopleSoft Instructions)
 After Hours Reporting
 Medical Facilities
 Pharmacy Information
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Workers’ Compensation
Administration Procedures for
an Injury/Illness
BEST PRACTICES
1. Cover injury reporting procedures in school/side wide staff meetings.
2. Emphasize the use of the Workers’ Compensation Primary Care Providers and post the list
in several conspicuous places so all employees have access.
3. A minimum of 2 people (usually the school secretary plus 1 back-up) should have access and
ability to enter Notice of Injury (DWC-1) in PeopleSoft.
4. Train employees to immediately report any work-related accident or injury to their
supervisor/manager/school/department secretary.
5. Provide injured worker with Workers’ Compensation approved Primary Care Providers.
6. Instruct the injured worker to return back to the work location with ALL paperwork from
the doctor including the DWC 25 Form “Work Status Form.”
7. If the medical provider recommends an employee for modified duty, the injured worker is to
return to their regular work location. Whereas, the supervisor MUST allow the injured
worker to return to work and insure that the employee does not exceed the doctor’s
limitations.
8. Give the worker a copy of the “Employee Guide” for the workers compensation program.
9. Remind the worker that the ER is for emergencies only! When site personnel determine that
emergency care is warranted for an injured employee the employee MUST follow-up with an
authorized initial Care Medical Provider with 24 hours of emergency treatment.
10. Notify the Risk and Safety Office in Risk & Benefits Management at 561-434-8677
immediately when any employee is sent out to Emergency Room.
11. Injuries after 8PM may use the emergency room. However , the next day they must followup with one of the Primary Care Providers.
12. Remind employees NOT to use their United Health Insurance for any services related to
Workers’ Compensation Injury/Illness.
13. For custodial or food service employees, coordinate modify duty restrictions with the lead
custodian or food service manager to keep all levels of management informed of workers
restrictions.
All information may be found on Risk & Safety website under workers’ compensation
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
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First Report of Injury
PeopleSoft Instructions
Part 1 of 3
Incident Details
Reminder – Sites should have at least 2 people
trained to complete this form.
ENTERING A NEW INJURY/INCIDENT
Log into PeopleSoft – Human Capital Management
CLICK
Workforce Monitoring
Health and Safety
Obtain Incident Information
Incident Details (add to favorites if desired)
CLICK
Add a new value tab (system will assign a # once info is all saved)
CLICK
ADD button
ENTER
Incident date
ENTER
Incident time
DEFAULT
Incident type (defaults to “injury,” can select “illness,” DO NOT select
“incident”)
CLICK
Notification Tab
ENTER
Date reported
Time reported
Emp ID of person it was reported to (usually conf. secretary)
Injured Emp ID of person injured or ill
CLICK
Description Tab
Describe what happened; include anything you want Third Party Administrator
(FARA) to know (witness names, statements, location (within the School Bldg #5
or C Hallway, etc) if different from school e.g., Washington, DC field trip, etc.) DO
NOT USE SPECIAL CHARACTERS (for example, @, $, #, “ “)
CLICK
Location Tab – will pre fill – DO NOT CHANGE INFORMATION
If elsewhere use EXACT LOCATION to explain
CLICK
SAVE
***MAKE NOTE OF INCIDENT NUMBER_________
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First Report of Injury
PeopleSoft Instructions
Part 2 of 3
Injury Details
Look up at the grey bar/breadcrumb trail
CLICK
CLICK
VERIFY
VERIFY
VERIFY
Obtain Incident Information
Injury Details (add to favorites if desired)
Incident Number
Employee ID of injured person
IMPORTANT: Employee Record Box - The number “0” represents the
primary job of the employee.
NOTE: Only change this Empl Record # if the employee is working
outside their primary position i.e. job 01, or job 02.
Correct location and job code in the “Employee Data at Incident Date”
box.
Description Tab
Primary Outcome Box – Check Either INJURY (default), ILLNESS,
OR DEATH
Treatment Required Box (“Medical” will default, ok, leave this alone)
Check-off either MEDICAL, FIRST AID, HOSPITALIZED, OR
NONE (if RPO = Reporting Purposes Only)
Injury/Illness Details Box – Briefly describe injury/illness. Ex: back
pain, right knee, neck, panic attack (short answer, MANDATORY)
Statements Tab – Only if the following occurs: IF Employer (principal,
director) objects to statement, check box and enter Employer’s
statement. If Unsure – signify this on the Description TAB
YOU NEED NOTHING ELSE ON THIS PAGE
Details Tab
Injury Description Box – CLICK and select BODY PARTS. If you need
to add additional body parts, click on the “+” sign.
Nature of Injury – select the best one
Accident Type – select
Diagnoses Tab
Type of Health Care (Default = Not needed go to Medical Facility”)
Physician ID (not using this field)
Medical Facility - where treated (MANDATORY FIELD) If you don’t
select Medical Facility you will not be able to print at the end. Use RPO
if no treatment is required. Give the employee a cc of the doctors list
anyway.
VERIFY
CLICK
CLICK
DEFAULT
INPUT
CLICK
CLICK
CLICK
CLICK
CLICK
SKIP
SKIP
SELECT
CLICK
SAVE
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First Report of Injury
PeopleSoft Instructions
Part 3 of 3
PB Workers Compensation Form
CLICK
CLICK
CLICK
ENTER
CLICK
CLICK
SELECT
Obtain Incident Information
PB Create DWC-1 Form (add to favorites if desired)
ENTER your initials @ Run Control ID prompt
Search
Incident # (last number you did will be there, need to change)
Emp ID of injured person (or use magnifying glass, then click on name)
Validate Incident Data - OK
RUN
PSNT Server Name (may default to this name already)
OK
CLICK
Process Monitor
CLICK
Refresh (until you see “Success” & “Posted”)
CLICK
Details
CLICK
View Log /Trace
TO SAVE
Right click on PDF file, select “Save Target As” and choose a folder to store it
in.
CLICK
Save to your selected folder
CLICK
on PDF File – open and view it. Print a hard copy for your employee &
records when desired or to take to the Doctor’s office
EMAIL
As an attachment to
Principal/Director, supervisor or Safety Advocate (if desired)
For Assistance with any errors:
Risk Technician – PX 4-8677 (434)
Workers’ Compensation Technician – PX 4-8176 (434)
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After Hours Reporting

Report injury to Supervisor as soon as possible.
(Informe de lesión a Supervisor tan pronto como sea possible)

Fill out attached Report of Injury Form.
(Llenar el formulario adjunto informe de lesión)

If medical treatment is needed select an approved Workers’ Compensation physician
from the list in this booklet along with the completed Report of Injury Form.
(Si el tratamiento médico es necesario, seleccione a un médico de compensación
aprobado en la lista en este folleto junto con el formulario informe de lesión)
Note: The physician list is arranged by district area.
(Nota: La lista del médico es organizada por el área del districto)
For after-hours injuries or questions on care, call
F.A. Richard (FARA) after hours at:
1-877-815-3272
Please visit the Workers’ Compensation website for the following:
http://www.palmbeachschools.org/riskmgmt/WorkersCompWorkers Compensation Guidelines.asp
· New Claim Instructions
· Doctors’ List
· Emergency Room (ER) Guidelines
· Modified Duty
· Frequently Asked Questions (FAQ)
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Pharmacy Information
The District uses the vendor listed below to assist you in obtaining prescription drugs related to your workers’
compensation claim. The pharmacy form that is printed with the Notice of Injury enables you to fill your first prescription
written by your authorized workers’ compensation physician for the medications related to your recent work injury. Simply
present the pharmacy form (sample below) to the pharmacy at the time your prescription is filled. The prescription form
guarantees that you will have no out-of-pocket expenses when you fill your first prescription.
Remind employees Do NOT use United Healthcare medical card.
You may use your local pharmacy to process your prescription, or call the toll-free customer service number or visit the
website below to identify additional network pharmacies in your area.
NOTE: The prescription information allows you to fill your initial prescription(s) with a cost maximum of $150 per
prescription and no more than a 14-day supply per prescription. Once your claim has been reviewed, you will be sent a
prescription card in the mail. If you do not receive the pharmacy card within a few day, call the vendor at the number listed
below.
-------------------------------------------------------------------------------------------------------------------PHARMACY FORM FOR PROGRESSIVE
SAMPLE FORM PRINTED WITH NOTICE OF INJURY
Employer Name: School District Palm Beach County
Bin#: 600471
Group ID: E871
Member Name: (Name of Employee) This information will generate from the DWC-1
Member ID: 557906162014
Date of Injury: (Date of Injury) This information will generate from the DWC-1
Pharmacy Help Desk: 1-877-228-4814
Progressive website: www.progressive-medical.com
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14
North Area
COACH Comp America/Urgent Care
4714 Okeechobee Blvd.
West Palm Beach, FL 33414
561-640-7505
561-640-7506 (FAX)
Monday - Friday
7:30 am – Midnight
Saturday & Sunday
9:00am – 5:00 pm
Concentra Medical Center
4455 Medical Center Way, Suite 100
West Palm Beach, FL 33407
561-881-0066
561-881-5533 (FAX)
Monday - Friday
8:00 am – 6:00 pm
Gardens Urgent Care
3855 Northlake Blvd.
561-626-4878
561-627-5112 (FAX)
Monday - Friday
8:00 am – 8:00 pm
Saturday - Sunday
9:00 am – 6:00 pm
MD Now Urgent Care
2007 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409
561-688-5808
561-420-8550 (FAX)
Monday - Sunday
8:00 am – 8 pm
MD Now Urgent Care
9060 North Military Trail
Palm Beach Gardens, FL 33410
561-622-2442
561-622-6235 (FAX)
Monday - Sunday
8:00 am – 8:00 pm
Urgent Care of Palm Beaches
11951 US Highway 1, Suite 108
North Palm Beach, FL 33408
561-429-6109
561-429-6513 (FAX)
Monday - Friday
8:00 am – 7:00 pm
Saturday & Sunday
9:00 am – 4:00 pm
Tequesta Urgent Care
225 US HWY 1
Tequesta, FL 33469
561-747-4464
561-747—5598 (FAX)
Monday - Friday
8:00 am – 7:00 pm
Saturday
8:00 am – 4:00 pm
Sunday
9:00 am – 3:00 pm
Revised 12/2015
15
Central Area
MD Now Urgent Care
2272 N Congress Ave
Boynton Beach, FL 33426
561-737-1927
561-742-3436 (FAX)
Monday - Sunday
8:00 am - 8::00 pm
MD Now Urgent Care
4570 Lantana Road
Lake Worth, FL 33463
561-963-9881
561-963-1390 (FAX)
Monday - Sunday
8:00 am – 8:00 pm
MD Now Urgent Care
6868 Forest Hill Blvd
Greenacres, FL 33413
561-967-8771
561-439-5484 (FAX)
Monday - Sunday
8:00 am – 8:00 pm
Revised 12/2015
16
West Area
MD Now Urgent Care
11551 Southern Blvd
Royal Palm Beach, FL 33411
561-798-9411
561-422-8161 (FAX)
Monday - Sunday
8:00 am – 8:00 pm
Palm Glades Rural Health Associates
217 West Avenue A
Belle Glade, FL 33430
561-992-4888
561-942-4888 (FAX)
Monday – Friday
8:00 am – 5:00 pm
Saturday
8:00 am – 1:00 pm
COACH Comp America/Urgent Care
11327 Okeechobee Blvd
Royal Palm Beach, FL 33411
561-795-4565
561-795-3992 (FAX)
Monday - Friday
8:30 am – 5:00 pm
Revised 12/2015
17
South Area
Boca Medical Walk in Clinic
9834 Glades Road, Suite C-5
Boca Raton, FL 33434
561-470-1110
561-470-1184 (FAX)
Monday - Friday
9:00 am – 6:00 pm
Saturday
9:00 am – 3:00 pm
Delray Physician Care Center
2280 W. Atlantic Avenue
Delray Beach, FL
561-278-3134
561-278-3922 (FAX)
Monday - Friday
8:00 am – 7:00 pm
Saturday
8:00 am – 4:00 pm
Sunday
9:00 am – 3:00 pm
MD Now Urgent Care
7035 Beracasa Way Suite 105
Boca Raton, FL 33433
561-361-1515
561-361-6441
Monday - Friday
8:00 am – 8:00 pm
US Health Works
1786 N.W. 2nd Avenue
Boca Raton, FL 33432
561-368-6920
561-368-6194 (FAX)
Monday - Friday
8:00 am – 6:00 pm
Saturday
8:00 am – 12:00 pm
ER Doctors
Palomino Park 3319 SR7
Wellington, Fl 33449
561-333-4400
561-333-8851
Monday - Sunday
8:00 am to 8:00 pm
Revised 12/2015
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How to Report a Bloodborne
Pathogen Incident
Bloodborne Exposure is a Workers’ Compensation Injury
Note: Bloodborne Forms to be utilized in addition to
Notice of Injury - PBSD 1504, 1505 and 1506
 Job Classification List
 PeopleSoft Query
o How to obtain a list of staff members for the
Bloodborne Pathogen Refresher Course
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Bloodborne Pathogen
Job Classification
The bloodborne pathogens task force identified categories of jobs where employees are likely to incur occupational exposure to blood or other
potentially infectious materials. Category 1 jobs are those in which all employees are considered at risk for exposure. Employees in Category 2 jobs
are at risk for occupational exposure when they perform certain tasks. All personnel in Category 1 and employees in Category 2 whose tasks may
expose them to blood will be offered the Hepatitis B inoculation series. Other school district personnel are not reasonably anticipated to be at risk of
occupational exposure to bloodborne disease. These employees will be offered the Hepatitis B inoculations and medical follow up in the event of a
reported exposure to blood or other potentially infectious materials during the performance of job duties.
Category 1
1. Adult Vocational Education Instructors in Health Care Field
2. Behavioral Intervention Assistants
3. Bus Attendants
4. Coordinator-Teacher ESE
5. CORE Team Members
6. Custodians (all)
7. Electricians
8. ESE/Speech Language Impairment
9. ESE Speech Pathology
10. Manager – FHESC Bldg.
11. Paraprofessional 1/11 (working with ESE) ------ Asst. Behavioral/Phys Needs I and II)
12. Paraprofessional 1/11 (working with Pre-K)
13. Plumbers
14. Pre-K Early Intervention Child Development Associates
15. Principals/Assistant Principals
16. School Clinic Volunteers
17. School Nurses/Nurse Aides
18. School Police Officer
19. First aid/CPR responders
20. School-based personnel who staff school clinics
21. Teacher – Elem/Physical Education
22. Teacher – ESE/Crisis Intervention
23. Teacher – ESE/EH
24. Teacher – ESE/Physically Impaired
25. Teacher – ESE/PMH
26. Teacher – ESE/SEH
27. Teacher – ESE/TMH
28. Teacher – ESE/VE
29. Teacher – Physical/Occupational Therapist
30. Teacher – School Psychologist
31. Teacher – Sec/Physical Education
32. Teacher – Voc/Family and Consumer Science (Home Economics)
33. Teacher – Voc/Cosmetology
34. Worker – Window and Lock Repair
Category 2
35. Alternative Education
36. Bus Drivers
37. After School
38. Coaches
39. Building Mechanic
40. Trades Helper
41. Crisis Response Team Members
42. Mail Couriers
Task
Individuals acting as First Responders or have 1-on-1 duties with students
ESE Drivers, Bus Driver II’s, Radio Drivers
Directors and Assistant Directors
Providing first aid to students participating in the following: sports.
Football, Basketball, Baseball, Soccer, Wrestling, Softball & Lacrosse
If required to perform duties of plumber
If required to perform duties of plumber
Individuals who have completed team training & act as First Responders
Transporting bio-hazardous waste
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Bloodborne Pathogen
PeopleSoft Query
(PeopleSoft Query) DIRECTIONS
(To obtain your list of staff for the BBPR Program)
PLEASE NOTE: In the event you do not have PeopleSoft access – please give the query directions to
your head secretary so she can print your list.
Log into People Soft
Click on
HCM HRPRO
Reporting Tools
Query
Query Viewer
Screen will say “begins with” - fill in:
PB_BBPR_JANUARY_BY_LOCATION
Click on
Search
Click on
Excel
Screen will say “Enter as of Date (Nov. 1st): fill in
11/1/2013
Next line will say “Exc/BBPINIT’s (June 30th): fill in
6/30/2014
Next line will say “Department ID”: fill in
Your 4-digit school or department number
Click on
View Results
Click on
Open
You now have your list in an excel format. You will want to delete the columns you don’t need and
sort by employee name before you print your list.
IMPORTANT: After you print your list you may notice the following:
Clinic Back-Up – names will not show up. Add them to your list - they should do the BBPR.
Paraprofessionals – If they are not on your list, but are in a Pre-K or ESE classroom – add them to
your list - they should do the BBPR.
Coaches - If you are at a Middle School or High School please ask your Athletic Director to identify
staff that coach in BBP Category sports (football, basketball, baseball, soccer, wrestling, softball &
Lacrosse). They will need to do the annual BBP Refresher.
NOTE:
New employees, who began employment this school year (August, 2013), might not show up on your query
- THEY ARE NOT REQUIRED TO COMPLETE BBPR THIS YEAR.
21
Workers’ Compensation
Guidelines
 Modified Duty (Light Duty)
 Workers’ Compensation Leave
 Line of Duty
 Payroll Codes for Regular Full Time
Employees
 Guidelines to Workers’ Compensation
Doctor Appointments
22
GUIDELINES FOR EMPLOYEES WITH WORK RESTRICTIONS (MODIFIED OR LIGHT DUTY)
Instruct the injured worker to return back to the work location with ALL paperwork from the
authorized workers’ compensation doctor including the DWC 25 Form “Work Status Form”.
If the medical provider recommends an employee for modified duty with restrictions, the school
and /or department should accommodate their employees who get injured on the job by
providing work assignments in accordance with any authorized Workers’ Compensation doctor
restrictions. In most cases, the employee can self-regulate; adjust their work to prevent further
injury according to specified restrictions (section 23 of the DWC – 25).
Contact your Area Safety Technician for assistance on return to work if there are any safety
concerns or work place modifications needed. See the Risk and Safety website:
http://www.palmbeachschools.org/riskmgmt/Safety/index.asp
If the employee feels too sick or injured to return to work after the doctor releases them to
modified duty, the lost time should be marked as sick, annual or without pay. After 10 days
without pay, all rules for leave of absence apply.
School responsibilities for light duty contact:
Sign light duty employee in and out if TCD is not used
Explain to the employee their assignments (cannot exceed doctor’s restrictions), location, hours
Communicate with timekeeper regarding work comp time
Report any behavior issues to Risk Management as soon as possible so it can be addressed
SUGGESTED MODIFIED DUTY ASSIGNMENTS
General light duty assignments:
Hall duty – extra eyes and ears to assist monitoring student conduct
Shredding paper, making copies
Parking lot security – eyes and ears using a walkie-talkie, pick up trash with a stick
Video camera monitor
Cafeteria monitor, helping students open milk cartons and juice boxes
Escorting students/guests on campus when they arrive late or leave early for appointments
Assist the front office/ guidance office
Stuffing envelopes, making phone calls, distributing flyers
Inspect for safety hazards, document hazards, complete work orders, report hazards to safety
school committee
Restroom monitoring, light duty clean up
Gym locker/art room monitoring – eyes and ears for large class sizes
23
GUIDELINES FOR EMPLOYEES WITH WORK RESTRICTIONS (MODIFIED OR LIGHT DUTY)
Cont.
For light duty teachers/administrators:
Grading papers, proofreading
Tutoring students one on one, listening to students read
Lesson plans, surveys, flyers
Signing in visitors, volunteers, escorting them to and from destination
Making phone calls such as setting up teacher parent conferences for guidance
Inventory athletic equipment for Athletic Director
Inventory text books complying with any lifting restrictions
Assemble statistics for Athletic Director; make flyers for upcoming games, dances, events
Remain in class with students and have substitute do the “heavy lifting”
Inspect PE fields/playgrounds for hazards, note hazards, complete work orders
Parking lot/hall monitor using golf cart if available, eyes and ears monitoring in cafeteria,
bus loop
For light duty custodians/food service:
Light dusting
Light sweeping, spot mopping
Picking up trash with a spear/stick
Using spray cleaner to wipe down desks, cafeteria tables
Emptying trash when bag is only ½ full to comply with lifting restrictions
Clean the sinks in the classrooms, fill soap dispensers
Clean every water fountain, wipe down computer screens
Dust books in the media center to comply with restrictions
Wash windows- bucket can be placed on a cart to comply with bending/twisting restrictions
Remove gum from under desks and counter tops, lunch room tables
Clean graffiti from desks and other surfaces complying with appropriate restrictions
For sedentary restrictions: (Examples from a seating position)
Hall duty – extra eyes and ears to assist monitoring student conduct
Monitor Parking lot
Restroom monitoring
Media Center – check out books, monitor students, dust books and book shelves
Video camera monitor
Stuffing envelopes, making phone calls
Monitoring Cafeteria - making sure that the trash is pickup and thrown away by students.
Clean water fountains, desktops, computer monitors, cabinet doors, cafeteria chairs, book
shelves, light switches etc.
Make copies
24
GUIDELINES FOR EMPLOYEES WITH WORK RESTRICTIONS (MODIFIED OR LIGHT DUTY)
Cont.
Sample cleaning schedule, amend to fit the needs and the schedule:
2:00 -3:00 cleans all water fountains
3:00- 4:00 cleans all desk tops in building #
4:00 -5:00 dusts all counters in building #
5:30 – 6:00 Lunch/Dinner break
6:00- 7:00 sanitize all cafeteria tables
7:00-8:00 cleans all remaining desk tops in building #
8:00 – 9:00 continues dusting all horizontal surfaces in building #
9:00 – 10:00 refill soap and paper towel dispensers in building #
The head/lead custodian can determine the amount of time it would take to complete one
building. Direct the employee in writing, if necessary to follow this schedule. The employee
must also be directed that no changes are made to the schedule without prior
administrative or supervisory approval.
Use the time reporting code WCQ for those employees who are at an alternate site for light
duty or those employees working in their own job at a reduced capacity.
While not all injuries or employees heal at the same rate, employees should show steady
progress toward full duty evidenced by fewer restrictions over time. If you believe that the
employee does not seem to be making reasonable progress toward full duty, contact the
adjuster at FARA/YORK 1(800-482-3272) or Risk Management.
Guidelines involving workers’ compensation are located on the District’s website:
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
If the site administrator feels the restrictions are so severe that they cannot accommodate
the modified duty recommended by the treating physician at the home school/site, please
contact Risk Management and an alternate work assignment and location will be
considered based on availability.
REV: 09/2014
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Workers’ Compensation Leave
When an employee is off work due to an authorized workers’ compensation (WC) injury
please follow these guidelines for payroll reporting and leaves:
Mark the employee with a “WCL” if authorized for Line of Duty by the Workers’
Compensation doctor. (see Guidelines for Line of Duty)
If the employee is out in excess of 10 days (or exhausts Line of Duty time) mark the pay
screen with a “WOP” and follow regular Leave of Absence procedures (Note: WC will begin
paying if authorized).
If the employee is in an “unpaid status” (“WOP”) in excess of 10 days, leave forms are
required (forms 1666 and 2312). Submit the form to the employee’s timekeeper.
If employees are in an unpaid status for the MAJORITY OF THEIR DUTY DAYS in any
given month, health benefits may be in jeopardy if intermittent FMLA has not been
approved.
NOTE: With respect to non-instructional personnel, you may advertise for an interim
position if the employee is on an approved leave.
Once an employee returns to duty, send an email message to risk@palmbeachschools.org to
let us know.
If you are not receiving Work Status Forms (DWC-25) regularly from the District’s Third
Party administrator, contact them at 1-800-482-3272 or risk@palmbeachschools.org.
Beneficial queries in PeopleSoft
To determine how many Line of Duty (WCL) days the employee has used:
PB_TL_PAYABLE_TIME_BY_EMPLID
To determine the PeopleSoft claim number using the Employee ID:
WC_INCIDENT_SEARCH_BY_EMPLID
To view a list of employees with reported claims by school/site:
WC_OSHA_300
If you have any question please call the Risk Management Technician, PX 4-8677 or
PX 4-8176.
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Line of Duty (LOD)
FL STAT 1012.63(1) Illness-in-line-of-duty leave.
DURATION OF LEAVE AND COMPENSATION. – Leave of the district school board employee
shall be authorized for a total of not to exceed 10 school days during any school year for illness
contracted, or injury incurred.
District employees (regular or part-time) are permitted up to 10 paid days per school/fiscal year in
the event of an injury sustained in the line of duty. LOD is recorded as “WCL” on the employee’s
attendance screen as long as the following conditions are met:
All employees:
1. An authorized worker’s compensation physician places the employee on a “No Work” status.
Evidence must be on a DWC 25 form given to the employee’s supervisor and timekeeper to
properly record. If written documentation is not provided, mark as a “sick” day. Attendance can
be amended later if documentation is forthcoming.
2. LOD is limited to 10 work days per incident not to exceed 10 work days in any one school/fiscal
year. If the employee has more than 1 incident during any one school year and/or is approaching
the maximum 10 LOD days, please alert Claims Technician, PX 4-8677.
3. Non Regular or Temporary Employees are not eligible for LOD, example: “day to day”
substitutes, afterschool programming workers.
4. If an employee has more than 1 job, LOD is granted for the job on which they sustained the
injury. Attendance for the other job should be marked as “sick.”
5. In no event is LOD granted for days taken prior to the filing and acceptance of a compensable
injury. If an injury is reported late, LOD will be on a “go forward” basis.
6. If the claim is denied by F.A Richard (“FARA”) or if the time off is due to an injury or illness
sustained off the job, record as “sick,” “annual” or “without pay.” LOD does not apply here.
7. LOD can be used for approved medical appointments if employee cannot schedule appt. after
work hours, example: the worker’s compensation doctor requests the employee obtain a
diagnostic test (X-ray, MRI) right away. Total cannot exceed maximum as described in #2
above.
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Line of Duty (LOD)
(Cont.)
CTA
Claim must be reported to the Principal/Director within 2 days of occurrence except in
“extenuating circumstances.”
FPSU
Employee shall notify Principal/Director (or designee) as soon as injury is apparent and
file line of duty claim by the end of each month or pay period when the claim occurred.
Line of Duty will affect attendance/merit pay.
AESOP
Employee shall notify Principal as soon as injury is apparent and file a claim by the end
of each month or pay period when the claim occurred.
The employee must seek medical treatment for any injury received in line of duty
within six months of the injury to be eligible for LOD. Line of Duty will affect
attendance/merit pay.
PBA
If police officer sustains in line of duty injuries maliciously or intentionally, employee
shall be granted full pay status for up to 2 years or when officer reaches Maximum
Medical Improvement (“MMI”) only after submission of a medical report which gives
current diagnosis and work status.
Questions: Claim Technician, PX 4-8677, Claims Specialist, PX 4-7440.
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Payroll Codes for Regular Full
Time Employees
Day of injury should be mark as regular time
If Workers’ Compensation doctor checks off number 22 on the DWC 25 form. Work status
(NO WORK) mark them WCL. (Line of Duty) (See sample form DWC-25 in Section 6)
If Workers’ Compensation doctor checks off number 23 on the DWC 25 form. Work status
(Light Duty) mark WCQ. (See sample form DWC-25 in Section 6)
First 10 days (no work status) WCL = paid in full (must be approved by W/C Doctor)
After 10 days of WCL and Workers’ Compensation Doctor still has them on no work status.
Please notify Risk Management (PX 48677 or PX 47440) so they can notify FARA, the
WOP will start.
WOP = WC/FARA will pay 66 2/3, employee needs to apply for Leave of Absence (form
1666 - See sample form in Section 6)
After 10 days of WOP – Leave of Absence form needed. Leave starts on the 11th day.
After 12 weeks of leave – The employee will have to pay the District portion of their
benefits, plus their regular deductions on their paycheck. The employee pays 100% of their
benefits. Questions call Annette Arriaga PX 86393 or Juan Diaz PX 86307.
EXAMPLES: Teacher working in classroom – not WCQ.
Custodian completing only the light parts of the job, mark WCQ (think loss of
productivity).
Work Status Form DWC-25 (See Sample in Section 6 - Forms)
# 21 Full Duty = REG (Regular Earnings)
# 22 No Work = WCL
# 23 Light Duty = WCQ
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Guidelines for Workers’
Compensation Doctor’s
Appointments
When an employee is required to attend doctors’ appointments related to a workers’
compensation injury, the employee should not schedule appointments during working
hours. Our workers’ compensation locations offer “after hours” appointments along
with weekend hours. If the employee insists on scheduling appointments during work
hours, record as “sick” or “annual” time.
The only exception to the above is if the doctor requires a diagnostic test which must
be scheduled “As Soon As Possible” and the only appointment available is during
work hours. The employee should schedule the appointment which will cause the
least loss of time, i.e. late afternoon or early morning. In this case, Line of Duty time
can be used (see Guidelines for Line of Duty). The time reporting code for Line of
Duty is WCL.
NOTE: Subs, volunteers, and temporary employees are not eligible for e.g. LOD pay
or Light Duty from a work related injury.
Questions? - Please call a Claim Technician at PX 4-8677 or PX 4-8176.
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Substitutes
And
Volunteers
31
Reporting Work Related
Injuries for Substitutes and
Volunteers
SUBSTITUTES:
Substitutes have an employee ID, so the procedure for reporting the injury is the same as
a regular employee in PeopleSoft. Refer to instructions for entering a claim in People
Soft.
Substitutes DO NOT receive Line of duty days. If they are placed out of work they will
be paid by workers’ compensation for lost wages based on their average weekly wage.
Typically, substitutes are not offered light duty.
VOLUNTEERS:
Volunteers DO NOT have an Employee ID, hence First Report of Injury must be done
through manual entry and faxed to Risk Management (PX 48467). Please make sure that
you identify the word “Volunteer” on the First Report of Injury. Refer to Manual Entry
instructions. (DWC1 form – First Report of Injury is on the WC website).
Temporary employees from an agency need to report the incident to their employer as
they are not covered under the District’s workers’ compensation Program.
Volunteers DO NOT receive Line of Duty days. Typically they DO NOT receive wage loss
as they are unpaid. They are medical coverage only claims.
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Resources/Forms
 Notice of Injury (DWC-1)
 Work Status (DWC-25)
 Request for Leave of Absence (PBSD 1666)
 Employee Guide to Workers’ Compensation
33
Resources/Forms
MANUAL NOTICE OF INJURY FORM (DWC-1)
Directions for Completing and E-mailing the first Report of Injury (if school/site is unable to enter
claim in PeopleSoft.
The report will NOT be accepted by FARA if you do NOT enter information into the following
fields:
1) Location Number 2) Full Social Security Number 3) Date First Reported
In the Employee Name line enter the Employee ID number after the employee name.
If you are emailing the report select “N/A Form completed electronically” from the drop down
menu in the both signature fields. Follow the directions below to email the form.
Email the PDF to:
Claimopening@fara.com
Send copy to
risk@palmbeachschools.org
Or
Fax to 1-(877)652-3272 within 24 hours, or as soon as possible
Note: Print out pages 2-4 and give to the injured worker along with a copy of the approved
Workers’ Compensation Doctor’s List located on the district website:
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
DWC-25 – WORK STATUS FORM
Injured employees must provide a copy of the Medical Treatment/Status Report Form (DWC-25)
after each medical appointment to their supervisor/school/department secretary. This form is
commonly referred to as the “Work Status Form.”
Items To Review On DWC-25 – 1) Document next appointment date & time. 2) Look for work
status , page two (re 21, 22 or 23 and 3) Confirm restrictions with employers supervisor.
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35
36 36
37 37
38
School District Palm Beach County
EMPLOYEE GUIDE
Workers’ Compensation Program
Risk Management
39
Injured Worker Rights and
Responsibilities
SECTION I
This information is being provided to you to explain your rights and responsibilities should a workrelated injury or illness occur.
If you are injured on the job (regardless of severity):
1. Report your injury to your supervisor/manager/school/department secretary immediately or as soon as
possible. Work-related injuries not reported timely may not be covered by Workers Compensation. If
your supervisor/manager/school/department secretary is not available, report your injury to Risk
Technician, at 561/434-3677 or 561/434-7440.Failure to timely report your injury or illness may be
used as a defense against your claim – it is important to report on the job injuries immediately to
avoid such penalties.
2. IN CASE OF A TRUE EMERGENCY, SEEK IMMEDIATE MEDICAL ATTENTION, and report
the matter as soon as possible. Emergency Room is for emergency care ONLY. Guidelines are
available for review on the District’s web site. Examples include a bone penetrating the skin or a head
injury.
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
Important: you must follow-up with one of the approved Primary Care Walk in Clinics after the initial
ER visit or when your injuries have stabilized.
3. You will be asked to provide information such as:
Your Name
Your Home Address and Telephone Number
Date of Birth
Employee ID
Date, Time, Location and Nature of the Injury
4. If you require medical treatment, an authorized medical provider will provide the treatment you need
for your work-related injury. Your authorized medical provider will be in charge of your care and will
refer you to specialists as needed. All care must be authorized in advance of receiving treatment. Any
treatment that is not authorized may not be covered. Depending on the severity of the injury, a nurse
case manager may be assigned to assist in arranging medical treatment for your work related injury.
a. The list of approved workers’ compensation (“WC”) clinics/doctors is located on the District’s WC
website:
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
Authorized treatment and care may include:
a. Doctor Visits (see Guidelines for Doctor Visits on the District’s WC website)
b. Hospitalization
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Injured Worker Rights and
Responsibilities
c. Physical Therapy
d. Medical Tests
e. Prostheses
f. Prescription Drugs
g. Travel expenses to and from an authorized medical treatment or a pharmacy
5. If you are on school-related travel or away from your work site when a work-related injury occurs, call
your supervisor/manager or/school/department secretary or Risk Management to report your injury
immediately. They will help you get medical care. To report claims after normal working hours, call 1877-815-3272.
6. You must have authorization before receiving medical treatment. YOU WILL BE RESPONSIBLE
FOR ANY UNAUTHORIZED MEDICAL SERVICES OR TREATMENTS.
7. You must provide a copy of the Medical Treatment/Status Reporting Form (DWC25) after each
medical appointment to your supervisor/school/department secretary. This form is commonly referred to
as the “Work Status Form.”
8. You must return to work when you are released by your physician (check box 21 or 23 on the work
status form) to avoid suspension of your lost wage benefits. In most cases, you will be permitted to work
within your WC physician-assigned restrictions. Contact Risk Management if your supervisor is not
permitting you to work within your assigned restrictions.
9. Once you reach maximum medical improvement (MMI), you are required to pay a $10 co-payment
per visit for medical treatment for your work related injury or illness. The date of Maximum Medical
Improvement means the date after which further recovery from, or lasting improvement to, an injury or
disease can no longer reasonably be anticipated, based upon reasonable medical probability. In other
words, more treatment is not valuable. MMI is determined by your treating physician.
10. If you are unable to work or your earnings are lower because of a work-related injury, you may be
able to receive some wage replacement benefits. You may be eligible for wage benefits if you have been
disabled for, generally, more than ten calendar days and have been taken off work by your authorized
WC doctor.
a. If you qualify, wage replacement benefits will generally begin on the eleventh day of temporary
disability. In most cases, the wage replacement benefits for total disability will equal two-thirds of your
pre-injury regular weekly wage, but the benefit will not be higher than Florida’s maximum average
weekly wage.
b. In some cases, such as for temporary workers, per section 440.12(1) of the Florida Statutes, no wage
replacement or compensation benefits shall be allowed for the first 7 days of disability, except for certain
catastrophic injuries.
However, if you are disabled for more than 21 calendar days due to your work-related injury or illness
then wage replacement or compensation benefits may be paid for the first 7 days of disability.
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Injured Worker Rights and
Responsibilities
11. Regular, full-time employees will receive 10 days of Line of Duty pay subject to eligibility
contained in the Guidelines for In Line of Duty located on the District’s web site.
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
12. You are allowed one change to another physician per accident. Your request must be directed
to your WC adjuster in writing. The provider must be of the same specialty as the one you are
seeking a change from. The doctor must accept you.
13. Statute of Limitations – Generally, you have two years from the date of your injury or illness or
one year from the date of your last authorized medical appointment to claim workers’
compensation benefits if you have not been under continuous and active treatment. You
should contact your WC adjuster to determine eligibility.
SECTION II
GENERAL PROCEDURES
A. Reporting an Injury
1. Immediately report any work-related accident or injury to your
supervisor/manager/school/department secretary.
2. If no one at your work location is available, report any work-related accident or injury to Risk
Management (561)434-8677 (PX 48677) or (561)434-7440 (PX 47440). After working hours, call
1 (877) 815-3272.
3. Once you have reported an accident or injury, you should seek medical treatment if needed from
one of the approved workers’ compensation Primary Care Walk In Clinics. Your school or
department will give you a copy of the WC list of clinics. It is also located on the District’s
website.
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
B. Telephone Numbers:
WC ADJUSTERS:
Claims Adjuster
1 (800) 482-3272
Risk Management
(561) 434-8677 or (561) 434-7440
OTHER:
Florida Division of Workers’ Compensation
Employee Assistance Office
1-800-342-1741
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Injured Worker Rights and
Responsibilities
SECTION III
FREQUENTLY ASKED QUESTIONS
1. What should I do if I am injured and need emergency treatment?
You should obtain medical treatment at the nearest hospital or appropriate facility. When your condition no
longer requires emergency treatment, you will be directed to an authorized Workers’ Compensation medical
provider for continuing treatment. Be sure to report the claim timely to your
supervisor/manager/school/department secretary. Guidelines for emergency room treatment are located on the
District’s website. Lack of timely reporting does not qualify as criteria for a visit to the emergency room.
Many of our clinics are open from 8 am to 8 pm, Monday through Sunday and should be used for most
injuries.
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
2. If I am injured and it is not an emergency situation, where do I go for medical treatment?
You will need to advise your supervisor/manager/school/department secretary, who will assist you in finding
an authorized Workers’ Compensation medical provider in the immediate area. If you are out of Palm
Beach County, such as on a field trip, you should seek treatment at the nearest authorized walk-in clinic and
report the claim by phone to ensure that you will not be charged for unauthorized medical care. The list of
authorized providers is on the District’s website (link above).
3. What if I have two jobs and now that I am out on Workers’ Comp, I can’t work? Can I apply for the
additional wage loss of my second job?
Yes. Wages earned in a second job may also be incorporated into the calculation of your average weekly
wage. You are responsible for providing information concerning the loss of earnings from the concurrent
employment. Please discuss your secondary employment and wage loss with your WC adjuster in order to
determine if you are eligible for wage loss benefits from both jobs.
4. What should I do if my doctor wants me to work in a light duty or restricted capacity?
Advise your supervisor/manager about the restrictions. You should receive a DWC 25 form from the doctor
which lists any limitations. Generally, the District will accommodate light/transitional duty within the same
job. Contact Risk Management if any questions arise. If you feel too sick or injured to return to work after
your doctor has released you to light duty, your lost time will be marked as “sick,” “annual,” or “without
pay.” After 10 days without pay, all rules for Leave of Absence apply.
43
Injured Worker Rights and
Responsibilities
SECTION III
FREQUENTLY ASKED QUESTIONS
1. What should I do if I am injured and need emergency treatment?
You should obtain medical treatment at the nearest hospital or appropriate facility. When your condition no
longer requires emergency treatment, you will be directed to an authorized Workers’ Compensation medical
provider for continuing treatment. Be sure to report the claim timely to your
supervisor/manager/school/department secretary. Guidelines for emergency room treatment are located on the
District’s website. Lack of timely reporting does not qualify as criteria for a visit to the emergency room.
Many of our clinics are open from 8 am to 8 pm, Monday through Sunday and should be used for most
injuries.
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
2. If I am injured and it is not an emergency situation, where do I go for medical treatment?
You will need to advise your supervisor/manager/school/department secretary, who will assist you in finding
an authorized Workers’ Compensation medical provider in the immediate area. If you are out of Palm
Beach County, such as on a field trip, you should seek treatment at the nearest authorized walk-in clinic and
report the claim by phone to ensure that you will not be charged for unauthorized medical care. The list of
authorized providers is on the District’s website (link above).
3. What if I have two jobs and now that I am out on Workers’ Comp, I can’t work? Can I apply for the
additional wage loss of my second job?
Yes. Wages earned in a second job may also be incorporated into the calculation of your average weekly
wage. You are responsible for providing information concerning the loss of earnings from the concurrent
employment. Please discuss your secondary employment and wage loss with your WC adjuster in order to
determine if you are eligible for wage loss benefits from both jobs.
4. What should I do if my doctor wants me to work in a light duty or restricted capacity?
Advise your supervisor/manager about the restrictions. You should receive a DWC 25 form from the doctor
which lists any limitations. Generally, the District will accommodate light/transitional duty within the same
job. Contact Risk Management if any questions arise. If you feel too sick or injured to return to work after
your doctor has released you to light duty, your lost time will be marked as “sick,” “annual,” or “without
pay.” After 10 days without pay, all rules for Leave of Absence apply.
44
Injured Worker Rights and
Responsibilities
5. What if the Workers’ Comp Provider decides that I need to see a specialist such as a Neurologist?
Once your authorized medical provider refers you to a specialist, your WC adjuster will arrange the referral,
if appropriate.
6. What if I decide that I would rather see a specialist - can I request or select one on my own?
No. All referrals to a specialist have to be made by your authorized medical provider and reviewed by the WC
adjuster. If your authorized medical provider does not believe the referral is necessary, you can contact your
WC adjuster to discuss your treatment plan.
7. After exercising my one-time change in physicians, what should I do if I am still dissatisfied with my
medical provider?
You should immediately express your concerns to your WC adjuster.
8. Will I have a co-pay?
Employees who have reached Maximum Medical Improvement (MMI) will be responsible for a $10 co-pay
for every office visit after that date.
9. Is Chiropractic treatment covered?
Chiropractic Treatment is limited to 18 visits or 8 weeks, whichever comes first, provided you have the proper
referral for chiropractic treatment and this treatment has been authorized by your WC adjuster.
10. What happens if I have to attend physical therapy or a doctor’s appointment during the workday?
Will I get paid for my absence?
Schedule all appointments before or after working hours or least disruptive to the workplace. See website for
“Guidelines for Doctor’s Appointments” and “Guidelines for Line of Duty.” Very few doctor’s
appointments or therapy are subject to Line of Duty.
11. What if I have a question that isn’t addressed here?
Please contact your WC adjuster or Risk and Benefits Management (561) 434-8677 or (561) 434-7440.
Other frequently asked questions are located on the District’s web site.
http://www.palmbeachschools.org/riskmgmt/WorkersComp/WCGuidelines.asp
Note: In the event this document conflicts with State law or the collective bargaining
agreement, the terms of the contract or State Law shall prevail.
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