Common use of Final Appeal Clause in Contracts

Final Appeal. (a) When an employee claim is denied at the first level appeal, the Union and the employee will be advised in writing. (b) The Union, on behalf of the employee, has fourteen (14) calendar days to advise the Case Manager, in writing, of the intent to appeal. Upon notice to the Disability Management Provider of the intent to appeal, the Case Manager will provide to the agreed upon independent medical physician and the Union, upon request, copies of the claim document, including the information referred to in paragraph 36.14 (d). (c) In order to proceed to final appeal, the employee must sign a release authorizing a representative of the Union to represent the employee’s interests during the final appeal. (d) The independent medical physician shall undertake a review of the information provided: (i) from the Case Manager; and if applicable, (ii) the Union submission and any other medical information submitted by the Union in a timely manner, both through the Case Manager. (e) The independent medical physician may hold a fact finding meeting to ascertain the issues and facts prior to rendering a decision. If a fact finding meeting is held, the parties shall not be represented by lawyers, and no witnesses will be allowed to testify. (f) If the parties are unable to agree on an independent medical physician within twenty­ one (21) calendar days from the notice to appeal, either party can make a request to the Union’s national office and the Corporation’s national designated representative to appoint an independent medical physician to make a (g) The decision of the independent medical physician shall be final and binding upon both parties, without creating a precedent. (h) The fees and expenses of the independent medical physician, including the costs of the fact finding meeting, if any, shall be shared equally between the parties.

Final Appeal. (a) When an employee claim is denied at the first level appeal, the Union and the employee will be advised in writing. (b) The Union, on behalf of the employee, has fourteen (14) calendar days to advise the Case Manager, in writing, of the intent to appeal. Upon notice to the Disability Management Provider of the intent to appeal, the Case Manager will provide to the agreed upon independent medical physician and the Union, upon request, copies of the claim document, including the information referred to in paragraph 36.14 (d). (c) In order to proceed to final appeal, the employee must sign a release authorizing a representative of the Union to represent the employee’s interests during the final appealfinalappeal. (d) The independent medical physician shall undertake a review of the information provided: (i) from the Case Manager; and if applicable, (ii) the Union submission and any other medical information submitted by the Union in a timely manner, both through the Case Manager. (e) The independent medical physician may hold a fact finding meeting to ascertain the issues and facts prior to rendering a decision. If a fact finding meeting is held, the parties shall not be represented by lawyers, and no witnesses will be allowed to testify. (f) If the parties are unable to agree on an independent medical physician within twenty­ twenty- one (21) calendar days from the notice to appeal, either party can make a request to the Union’s national office and the Corporation’s national designated representative to appoint an independent medical physician to make a (g) The decision of the independent medical physician shall be final and binding upon both parties, without creating a precedent. (h) The fees and expenses of the independent medical physician, including the costs of the fact finding meeting, if any, shall be shared equally between the parties.