LEGISLATIVE HISTORY
Personnel Committee
ORDINANCE NO. BL2009-405
An ordinance amending Title 3 of The Metropolitan Code by authorizing in-line-of-duty medical treatment for Metropolitan Government employees who are not regularly employed.
WHEREAS, under section 13.12 of the Metropolitan Charter, employees who are entitled to benefits under the system of employee benefit plans adopted by the Metropolitan Government are eligible for in-line-of-duty (“IOD”) medical treatment at the expense of the Metropolitan Government; and,
WHEREAS, only individuals who are regularly employed by the Metropolitan Government, who are members of the Metropolitan Employee Benefit System, are eligible for benefits under the system; and,
WHEREAS, under Metropolitan Charter section 13.12, only those individuals who are regularly employed by the Metropolitan Government and who are eligible for benefits under the system of employee benefits are entitled to IOD medical treatment at the expense of the Metropolitan Government; and,
WHEREAS, individuals who work less than twenty (20) hours per week are not considered regularly employed; and,
WHEREAS, it is in the interest of the Metropolitan Government to authorize IOD medical treatment at the expense of the Metropolitan Government for those Metropolitan employees who are not regularly employed.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The Metropolitan Code is hereby amended to create a new chapter as follows:
Chapter 3.05 In-Line-Of-Duty Medical Treatment For Metropolitan Government Employees Who Are Not Regularly Employed.
3.05.010 Expense For Treatment Of Accidental Injury In The Course Of Employment.
Any employee of the Metropolitan Government who is not regularly employed shall be entitled to medical treatment at the expense of the Metropolitan Government as set forth in this Chapter, for accidental injury arising out of and in the course of employment. The injured employee shall be entitled to emergency medical treatment at the nearest medical facility at the expense of the Metropolitan Government. Any further treatment shall be furnished to the employee from a panel of medical providers established and authorized by the Department of Human Resources. Any medical treatment paid by the Metropolitan Government under this Chapter shall constitute an indemnity in lieu of all other claims of liability as may be claimed against the Metropolitan Government. The expense of medical treatment paid by the Metropolitan Government on behalf of any individual under this Chapter shall not exceed the limits of liability set forth in the Tennessee Governmental Tort Liability Act, Tenn. Code Ann. section 29-20-101 et seq.
No medical treatment shall be paid by the Metropolitan Government for any injury which results directly from the employee’s:
(1) Willful misconduct;
(2) Intentional self-inflicted injury;
(3) Intoxication;
(4) Illegal drug usage; or
(5) Willful failure or refusal to use a safety appliance.
3.05.020 Administration of In-Line-Of-Duty Medical Treatment.
The in-line-duty-medical treatment addressed in this Chapter for employees who are not regularly employed by the Metropolitan Government shall be administered by the Department of Human Resources. The Department of Human Resources shall determine whether an employee’s injury qualifies as accidental injury arising out of and in the course of employment and whether an employee is eligible for medical treatment at the expense of the Metropolitan Government under this Chapter. Decisions of the Department of Human Resources under this Chapter shall be final unless appealed by the employee to an appropriate court of competent jurisdiction.
3.05.030 Notice of Injury.
No medical treatment shall be paid by the Metropolitan Government under this Chapter unless notice of the injury is provided by the employee or the employee’s representative to the Department of Human Resources within ten (10) days after the occurrence of the accident.
3.05.040 Treatment of Prior In-Line-Of-Duty Injuries.
The expense of medical treatment for accidental injury arising out of and in the course of employment, which was sustained prior to the effective date of this Chapter, shall be borne by the Metropolitan Government only if at the time the ordinance adopting this Chapter was filed with the Metropolitan Council:
(1) The employee filed a request for payment of the medical expense with the Department of Human Resources, the medical expense has not been paid, and the injury is otherwise a covered claim under this Chapter; or
(2) Treatment of the injury at the expense of the Metropolitan Government is ongoing at the time the ordinance adopting this Chapter was filed, and the injury is otherwise a covered claim under this Chapter.
3.05.050 Subrogation.
When medical treatment is provided to an employee under this Chapter for an in-line-of-duty injury, at the expense of the Metropolitan Government, and the injury was caused under circumstances creating a legal liability against some person other than the Metropolitan Government to pay damages, the injured employee shall have the right to receive benefits as provided herein, and such injured employee may pursue the employee’s remedy by proper action in a court of competent jurisdiction against such person. Notice of the filing of such action shall be provided by the employee or the employee’s representative to the Department of Human Resources. In the event of recovery against such third person by the injured employee by judgment, settlement or otherwise, the Metropolitan Government shall have a subrogation right against such recovery for the expenses of medical treatment. Such settlements or judgments shall be reported by the employee or the employee’s representative to the Department of Human Resources.
3.05.060 Limitation of Chapter.
This Chapter shall not establish eligibility or rights to any benefit provided by the Metropolitan Employee Benefit System.
3.05.070 Board of Education Employees.
The provisions of this Chapter shall not apply to employees of the Metropolitan Board of Public Education. In-Line-Of-Duty medical care for non-teaching/non-certificated employees of the Metropolitan Board of Public Education who are not regularly employed shall be as authorized by the Board of Education.
Section 2. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Jim Forkum
| LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | February 17, 2009 |
| Passed First Reading: | February 17, 2009 |
| Referred to: | Budget & Finance Committee Personnel Committee |
| Passed Second Reading: | March 17, 2009 |
| Passed Third Reading: | April 7, 2009 |
| Approved: | April 9, 2009 |
| By: | |