Duty-connected disability

Checkout our iOS App for a better way to browser and research.

  • (a) In the event that disability compensation is awarded to an employee of the Government of the United States Virgin Islands under the provisions of the Virgin Islands Workers' Compensation Administration Law, the injured employee is entitled to receive from the employing unit, for a period not to exceed ninety (90) days, compensation in such amount which when added to the amount of the disability award would provide the employee with the same basic pay that he would have received if he had not been injured.

  • (b) Any employee of the Government of the United States Virgin Islands who is unable to work due to an injury which may be compensable under the Virgin Islands Workers' Compensation Administration Law, may elect to continue to receive his full wages for a period of time not exceeding his accumulated leave time. In the event that the Commissioner of Labor awards disability compensation payments for this injury for the period of time, not to exceed ninety (90) days, that the above-mentioned wages had been continued, this award shall be paid to the employing unit and the employee's accumulated leave time will not be affected by the time taken. In the event that no temporary disability compensation payments are awarded by the Commissioner of Labor these wage payments will be charged to leave in the normal manner.

  • (c) The ninety (90) day limitation imposed under subsections (a) and (b) of this section does not apply in any case where the compensable injury was proximately caused either by the reckless or willful conduct of another person or by an act of God; Provided, however, That the employee did not unlawfully provoke the reckless or willful misconduct and was engaged in the direct course of his employment at the time of the cause of the injury.

  • (d)

    • (1) Notwithstanding any other provisions of this Code, any member of the police force, any member of the Virgin Islands Fire Service, any corrections officer, including any corrections officer employed by the Department of Human Services, firemen of the Virgin Islands Port Authority, probation officer of the judicial branch or civilian employee of the Bureau of Corrections, and the Youth Rehabilitation Center of the Department of Human Services, any Virgin Islands marshal and probation officer of the Superior Court, and any volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker who is a government employee, who, through no fault or misconduct on his part, is disabled by injuries received in the discharge of his duties as a policeman, fireman, corrections officer, including any corrections officer employed by the Department of Human Services, firemen of the Virgin Islands Port Authority, probation officer of the judicial branch or civilian employee of the Bureau of Corrections, and the Youth Rehabilitation Center of the Department of Human Services, marshal, volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker; or who, as a result of illness attributable to such duties, shall, upon recommendation of the Police Commissioner, the Director of the Virgin Islands Fire Service, the Director of the Bureau of Corrections, the Commissioner of Human Services, or the Chief Justice of the Supreme Court, whichever is applicable, and when certified by a duly licensed physician or physicians designated by said Commissioner, Director or Chief Justice of the Supreme Court, stating that said policeman, fireman, corrections officer, including any corrections officer employed by the Department of Human Services, firemen of the Virgin Islands Port Authority, probation officer of the judicial branch or civilian employee of the Bureau of Corrections, and the Youth Rehabilitation Center of the Department of Human Services, marshal, volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker is physically or mentally incapacitated for the performance of his police, fire, corrections or marshal duty, or other duty in the case of a volunteer fireman or Virgin Islands Territorial Emergency Management Agency worker, be paid the full amount of his regular compensation or wages until his disability arising therefrom has ceased, or until such time as such physician or physicians shall certify to the Police Commissioner, the Director of the Virgin Islands Fire Service, the Director of the Bureau of Corrections, the Commissioner of Human Services, or the Chief Justice of the Supreme Court, whichever is applicable, that said person has recovered and is physically fit to perform his duties or that such person is permanently disabled and unfit to perform such duties and shall recommend that said person be retired from government services as provided by law. The provisions of this subsection shall apply equally to nurses and nonprofessional personnel of the Department of Health whose duties primarily require their physical presence on duty in the Neuro-Psychiatric Unit of a government hospital; Provided, however, That in the case of said Department of Health employees, recommendations shall be made by and certifications shall be made to the Commissioner of Health.

    • (2) A psychological evaluation shall be administered to an employee described in paragraph (1) of this subsection upon the recommendation of the employee's supervisor or the person in charge of the respective agency.

      • (A) The evaluations, counseling and treatment shall be administered by a professional in the field of psychology or psychiatry at a location away from the place of employment.

      • (B) The employer shall be responsible only for the cost of the evaluation.

      • (C) If the evaluation authorized under this paragraph recommends counseling or other treatment for the employee's condition, the employer may not discharge from employment or discipline the employee as a result of the employee's receiving counseling or treatment.


Download our app to see the most-to-date content.