Section EMP.04.02 — Definitions

(a) "Accident" is an event that is sudden, unexpected and unforeseen by the injured person.

(b) "Administrative Law Judge" (ALJ) refers to a person who conducts dispute resolution under this Ordinance.

(d) "Compensation" means worker's compensation and benefits under this Ordinance.

(e) "Disability" means the actual incapacity to perform the tasks usually encountered in the worker's employment and the wage loss resulting therefrom, or physical impairment of the body that may or may not be incapacitating.

(f) "Employer" under this Ordinance refers to the Stockbridge-Munsee Community and its subdivisions, as well as any other entity, organization or person that employs three (3) or more persons and chooses to fall under this Ordinance.

(g) "Healing Period" means the period when improvement to the worker's condition occurs as the result of treatment and convalescence for an injury. This is the period of time before the condition becomes stationary.

(h) "Injury" means harm to a worker caused by accident or disease that was a result of employment related duties. Injury also includes death, as well as damage to or destruction of artificial member, dental appliances, teeth, hearing aids and eyeglasses.

(1) "Cumulative Injury" means an injury to a worker that is caused over time, such as a repetitive motion injury and back problems.

(2) "Traumatic Injury" means an injury to a worker from a sudden, specific incident.

(3) "Occupational Disease" means an injury that is the result of occupational exposure, but is not so sudden or traumatic as to fit within the definition of accident, such as black lung disease or asbestosis.

(4) Nontraumatic mental injury may be considered injury under this Ordinance, if it is the result of extraordinary circumstances (a situation of greater dimensions than emotional strains and differences encountered by employees in that type of position daily without mental injury).

(5) Heart disease is not considered a compensable injury under this Ordinance unless the harm is caused by the performance of employment related duties that involve severe exertion beyond the normal daily work duties.

(i) "Insurer" means an employer's worker's compensation insurance carrier for this Ordinance. This also includes programs that are self-funded or partially self-funded.

(j) "Time of injury," "occurrence of injury," or "date of injury" means:

(1) In the case of accidental injury, the date of the accident which caused the injury.

(2) In the case of cumulative injury or occupational disease, the date when the condition is diagnosed.

(k) "Worker(s)" means those persons who work for an eligible employer located on the tribal lands of the Stockbridge-Munsee Community, whether or not the person is a resident of or is employed within tribal lands, and are engaged in the normal scope of employment.

(1) This does not include independent contractors.

(2) Part-time employees are considered workers under this Ordinance.

(3) For the Stockbridge-Munsee Community, those persons who are on the tribal payroll are considered workers.

(4) For the Stockbridge-Munsee Community, law enforcement and/or peace officers from other departments who respond to a request for mutual aid from the Stockbridge-Munsee Community will be treated as workers of the Stockbridge-Munsee Community, unless the employing parties have an agreement in place providing otherwise.