I. PURPOSE

To establish reporting requirements for industrial injury, illness and the recurrence of injury while identifying coverage provided by Worker's Compensation and other provisions related to authorized leaves of absences and injuries.

II. DEFINITIONS

The following definitions will apply to the terms used in this section:

A. "Injury" is defined as an injury or ailment an employee suffers either by accident resulting from and during employment ("Accident resulting from and during employment" includes the willful act of a third person against the employee because of the employee's job) or by disease closely caused by or resulting from employment. Employment includes off-duty activities which are sanctioned by the department including but not limited to traveling to and from work, special duty and special assignments or events.

B. "Worker's Compensation Benefits" is defined as all benefits which the Hawaii Revised Statutes provides the employee or employee's dependants for work injury (as defined in Chapter 386), including medical and rehabilitation benefits, income and indemnity benefits (for disability or death) and funeral and burial expense allowance.

C. "Limited Duty", sometimes referred to as light duty, is defined as an assignment of productive work which does not exceed the temporary limitations placed on an employee by a physician and certified by a county physician.

D. "Physician" is defined as a duly licensed doctor of medicine, dentist, chiropractor, osteopath, naturopath and optometrist.

E. "Temporary Disability" is defined as an impairment of either a physical or mental function which is determined by a physician not to be permanent in nature.

III. GENERAL PROVISIONS

A. Eligibility All employees of the department, whether sworn or unsworn, including police reserves, shall be eligible for Worker's Compensation benefits for work-related injury.

B. Duty to Report Any employee sustaining work-related injury shall report the injury or illness to their immediate supervisor as soon as practical.

C. Medical Attention

1. Any member who may be injured while in the legal performance of police duty shall be taken immediately to the county physician in his district for treatment. If the county physician is not available any other physician may be called.

2. Should the injured employee prefer to be treated by a private physician of his own choice, he shall be taken to that physician.

3. Unless the member specifies otherwise, attending emergency medical personnel will determine which medical facility an ambulance patient will be transported to.

4. No loss time or medical expense claim will be paid if the injury is not certified by a physician's report. Leave shall be charged to sick leave if the member does not seek medical attention for the injury.

D. Rights and Responsibilities of Members

1. Any member injured in the line of duty shall forward to the Chief of Police within 48 hours a complete memorandum of the facts surrounding the incidence of injury. If the member is unable to do so due to the extent of the injury or illness, he shall submit the memorandum to the Chief of Police as soon as he is capable of doing so.

2. Any other officer present at the time, or participating in the case or incident in which the injury was incurred, shall similarly file a report.

3. Members injured, disabled or killed while in the performance of police duty shall receive medical, surgical and hospital services and other compensation and benefits provided by Workers' Compensation.

4. Members so injured may be placed on "accidental injury leave" and continued on the payroll according to law.

5. An injured employee shall further have the right, at his option, to exhaust his sick leave and his annual leave so as to continue to draw full salary.

6. Where an injured employee is placed on accidental injury leave as provided by law such leave shall not be charged to sick leave. It shall be noted on the daily time sheet as "injured."

7. A member must report back to work from an injury on the date specified by the attending physician. Members will be placed on leave without pay status from the time they are released for work by the physician until they actually report to work.

8. Any member injured in the line of duty and who may require further medical treatment after being discharged by the attending physician shall:

a. Submit a memorandum to the Chief of Police citing the conditions and reasons for further medical attention.

b. Consult the Personnel Officer in regard to completing necessary Worker's Compensation reports.

E. Responsibilities of Commanders

1. When a member is so injured, his commanding officer shall make careful investigation of the circumstances and shall interview and obtain a statement from each witness.

2. A memorandum of his findings shall be submitted to the Chief of Police and such report shall show whether or not in his opinion such injury was sustained in the performance of police duty, whether or not negligence on the part of the injured member contributed, and the name and addresses of all witnesses.

3. In every accident in which a member, while in the performance of police duty, is killed or seriously injured and likely to die, the commanding officer shall forthwith notify the Corporation Counsel by telephone or otherwise, giving all the facts of the case to enable the latter to take such steps as may be advisable to safeguard the rights of the injured member.

4. Commanders shall be responsible for the adherence to the provisions of this General Order by all members under their command.

F. Determination of Work-Related Injury

Final determination of whether the injury, disability or death of a member was incurred in the legal performance of police duty and without negligence on the part of the member shall be made as provided by law.

G. Employees who receive work-related injury may be eligible for a limited duty assignment as outlined in General Order 524, Limited Duty.

H. Police Reserves

Any person who is injured in performing service in any voluntary or unpaid capacity under the authorized direction of the department, and who has not secured payment of his hospital and medical expenses from the state, county or any other agency, may be paid his reasonable hospital and medical expenses under Workers' Compensation.

I. Worker's Compensation

Employees eligible for worker's compensation benefits should refer to General Order 406, Worker's Compensation, for guidance.

VICTOR V. VIERRA
CHIEF OF POLICE

(Amended: 11-18-82)