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W <br />LABOR RELATIONS ASSOCIATES, INC. <br />7501 Golden Valley Road <br />Golden Valley, Minnesota 55427 <br />612/546 1470 <br />July 7, 1962 <br />Mr. Donald Pauley <br />City Clerk -Administrator <br />City of Mounds View <br />2401 Highway #10 <br />Mounds View, Minnesota 55112 <br />Dear Don: <br />You requested in your June 25, 1982 letter that I advise you of the <br />appropriate method of dealing with the Chris Weston Injury On Duty -Workers' <br />Compensation payment issue. <br />Your labor agreement with I.U.O.E., Local No. 49 in its LOCAL ADDENDUM <br />entitled "RESOLUTION NO. 1144" in Item No. 3 staees: <br />"The injury on duty will be sixty (60) days with the <br />first three (3) to come out of sick leave and then sixty <br />(60) days injury on duty. Any days beyond the sixty (60) <br />will then be taken from the employee's banked sick leave." <br />While your Item No. 3 does not specifically state that Injury On Duty pay <br />from the City is contingent on eligibility for Workers' Compensation <br />benefits (which should be taken care of in 1983) the common understanding <br />is that such eligibility is a requirement. <br />The City did make Injury On Duty payments based on an initial determination <br />of eligibility for Workers' Compensation. This eligibility was later <br />denied and the City should therefore deny City Injury On Duty payments <br />and recover such payments from the employee's sick leave bank or <br />accumulated vacation account. <br />If I can be of further assistance please let me know. <br />Smy <br />CFS:hfc <br />