ARTICLE 4.    BENEFIT AND LEAVE PROGRAMS                    EFFECTIVE DATE:  05/04/98
 RULE 405.     WORKERS' COMPENSATION                               REVISED DATE:

A.    DEFINITIONS:

        1.    "Workers' Compensation Injury" means:

                b.    An injury caused by the willful act of a third person directed against an employee because 
                        of his/her employment, but does not include a disease unless resulting from the injury; or

                c.    An occupational disease which is due to causes and conditions characteristic of and peculiar 
                       to a particular trade, occupation, process or employment, and not the ordinary disease to 
                       which the general public is exposed, and subject to the provisions of state law.

        2.    "Medical Benefit" for purposes of this section, means expenses necessary for the treatment of a 
                Workers' Compensation occupational disease, injury or illness.

B.    WORKERS' COMPENSATION BENEFITS:

        1.    Workers' Compensation and occupational disease benefits covering accidental injury, disability, 
                disease or death which occurs as a result of employment and is job-related are provided for 
                Court employees including individuals in temporary, emergency, intermittent and volunteer status.

        2.    Medical benefits in the amount provided by law will commence on the first full day of disability. 
                Payment of time loss compensation will also commence on the eighth (8th) full calendar day 
                of disability as per Rules and Regulations of the Industrial Commission of Arizona (ICA). If lost 
                time from the injury or illness exceeds the 14th full calendar day of disability, payments will also 
                be made for the first seven (7) calendar days of disability. Said disability can only be recognized 
                when confirmed in writing by the Workers' Compensation physician. The amount will be sixty-
                six and two thirds (66 & 2/3%) of the employee's gross monthly salary or wage at the time of 
                injury but not to exceed the current statutory monetary limitation.

        3.    An eligible employee unable to work due to an on-the-job injury or illness may be granted paid 
                or unpaid leave for a period up to ninety (90) calendar days. Such leaves are to be requested 
                on proper forms available through the Court Administrator's Office. If after 90 calendar days, 
                the employee is unable to return to full status, the Court will require medical documentation to 
                assess the employee's ability to return to work. After assessment, the Court will determine 
                continuation of employment.

        4.    For paid Workers' Compensation leave, an eligible employee may request to use EIB credits 
               in accordance with Rule 403(B)(1), comp time if available, and PTO leave to supplement 
               Workers' Compensation benefits to approximate the employee's normal take-home pay. Such 
               request should be made on forms prescribed for this purpose. However, in no case shall an 
               employee be allowed to utilize this system prior to the employee's having first made 
               arrangements with the Court Administrator concerning the administration of the Workers' 
               Compensation checks the employee would regularly receive. During such time while on paid 
               leave status, that portion of the employee's health and life insurance premiums borne by the 
               Court shall continue to be paid by the Court; however, the employee will be required to make 
               arrangements for payment of any supplemental insurance premiums carried by the employee 
               with the Benefits Division of the Mohave County Personnel and Risk Management Department.

        5.    An employee on Workers' Compensation and who meets the eligibility requirements for FMLA 
                leave as provided for in Rule 411, will have that portion of the employee's health and life 
                insurance premiums borne by the Court continue to be paid by the Court during time the employee 
                is on FMLA leave. While the employee is in an unpaid FMLA status, the employee will be 
                required to make arrangements for payment of any supplemental insurance premiums carried by 
                the employee with the Benefits Division of the Mohave County Personnel and Risk Management 
                Department.

        6.    PTO leave or EIB credits shall not be allowed to an employee that has rejected Workers' 
               Compensation available to him/her pursuant to the Industrial Injury and Disease Section, Title 23, 
               Chapters 6 and 7, ARS.

        7.    An employee on non-FMLA related Workers' Compensation leave may be laid off by the Court 
                if it is a determination that such action is necessary for the conduct of normal business operations 
                and provision of service to the citizenry.

        8.     Claims submitted for occupational injury or illness are not always accepted. If a claim is denied, 
                the employee will be notified in writing by the carrier. If the employee feels the claim should have 
                been accepted, he/she may request a hearing by the Industrial Commission of Arizona (ICA). 
                While awaiting a formal decision by the ICA, the following may occur:

                 a.    The employee may request use of EIB credits or PTO leave until such leave is exhausted; or
        
                 b.    The employee may elect to be in a non-pay status awaiting the decision pursuant to Rule 
                        401(F) regarding payment of insurance premiums; or

                c.    The Court may separate the employee pursuant to Rule 405(B)(7).

D.    RETURN TO WORK PROGRAM: The return to work program is provided to allow employees 
        who are not yet able to perform their regular assignments to be assigned modified duty for a specified 
        period of time when it is possible for the Court to do so.

        1.    Assignment to Modified Duty: When an employee is determined to be able to perform modified 
                duty by the Workers' Compensation physician, the employee shall notify his or her Division Head 
                in writing. Upon approval of the Workers' Compensation physician for specific types of modified 
                duty, the Division Head will determine what modified duty assignments, if any, exist and notify 
                the Court Administrator. If there is a need for temporary services within the employee's work unit 
                or another division work unit, the employee shall report daily to his or her assigned supervisor for 
                such modified duty. Modified duty generally will not exceed ninety (90) days. If there are no 
                modified duty assignments available in the employee's division, the Division Head will work with 
                the Court Administrator to attempt to identify a temporary modified duty assignment in another 
                division.  The Court Administrator shall notify the Workers' Compensation insurer of the 
                employee's working status. Employees assigned to a division other than their own on a 
                temporary modified duty assignment may be paid by the division in which they are regularly 
                employed. Employees who are on modified duty assignments may be paid at the regular rate 
                of pay for the classification to which assigned.

        3.    Return to Regular Duty from Modified Duty: Upon release from the Workers' Compensation 
                physician with no restrictions, the employee shall return to his or her division for regular duty 
                assignment.

        4.    Discontinuance of Modified Duty Assignment: If, at any time during a modified duty assignment, 
                it is found not to be in the best interest of the Court to continue said duty, the employee may be 
                laid-off.