§ 2-56.25. Administration.

(a)

The Disability Panel shall administer all matters arising under this program.

(1)

The Disability Panel, on its initiative or upon the request of the employee, shall arrange for such physical examinations as are considered necessary, and shall determine an employee's eligibility for the benefits provided herein.

(2)

The Panel will guide the disabled employee in the full and continuing use of available vocational rehabilitation services.

(3)

The Panel shall be authorized to place a disabled employee in any vacant position normally not filled by promotion, for which the employee would be eligible because of background, education, training, experience, and other factors. For positions normally filled by promotional competitive examinations, the Panel may waive qualifications for the disabled employee. The Director of the Employee Relations Department shall provide for seniority points for disabled employees on such examinations.

(4)

When placed in employment pursuant to Section 2-56.25(a)(3) the employee shall serve a normal probationary period and the department shall submit periodic reports on the employee's performance to the Panel.

(5)

Failure of an employee to submit to physical examinations, or to take employment examinations, or to accept suitable employment, or refusal to make use of vocational rehabilitation services shall result in automatic and permanent forfeiture of all benefits of this program.

(6)

Recipients of disability payments under this program shall immediately report all changes in income from secondary employment and other County-supported disability payments to the Panel. Failure to provide such information when requested shall be cause for termination of benefits.

(7)

Recipients of disability payments may be required by the Panel to submit annual Federal income tax returns or such other proof of income as may be acceptable to the Panel. Failure to provide such information when requested shall be cause for termination of benefits.

(b)

Neither the awarding of other County-supported benefits, nor the acts of the Florida Industrial Commission or courts, nor other Florida Statutes, shall serve as presumptions for the decisions of the Disability Panel. In the absence of fraud an award or the denial or termination of an award by the Disability Panel shall be final and binding upon both the employee and Miami-Dade County.

(c)

Payments authorized by this program and related procedural matters shall be administered by the Risk Management Division.

(d)

Application for consideration under this plan may be initiated by the employee, his department head, or the Disability Panel, on forms provided by the Director of the Employee Relations Department.

(Ord. No. 69-49, § 5, 7-23-69; Ord. No. 05-184, § 1, 10-18-05)