MEDICAL, LEAVES & BENEFITS (MLB) OFFICE
LINE OF DUTY INJURY (LODI) UNIT — (718) 935-2729
Q & A -- QUICK REFERENCE GUIDE
Where are the Most Recent Policy and Procedures Set Forth on Line of
Personnel Memorandum #4, 2002 - 2003 remains in effect for processing
line of duty claims. Except for the principal (not the
superintendent) being given authority to approve a claim for ten (10)
days or fewer, all procedures are to be followed.
What is a Line of Duty Injury?
Line of Duty is defined as any accident or incident which occurs while
on duty. To determine if an employee is on duty, ask if the
person was being paid when the accident or incident occurred. It must
also be determined that the employee did not cause the accident or
incident either through his/her own actions or by being negligent.
How are Line of Duty Injuries Classified?
Line of duty claims are categorized as either accidents or
assaults. The length of claimed time determines whether a line of
duty is considered long-term or short-term. Long-term is more
than 10 consecutive days, and short-term is 10 consecutive days or
Which Employees Can Claim LODI?
Line of duty can be claimed by licensed pedagogues in cases of accident
or assault. UFT educational paraprofessionals and DC37 school
aides can file claims in cases of assault. (Accident coverage for paras
and aides is provided by Workers’ Compensation).
Where May LODI Occur?
An accident or incident is considered line of duty if it occurs in the
following locations or circumstances:
1. regular assigned school or office
2. sidewalk around the school up to the curb
3. schoolyard or parking lot of school
4. traveling from one worksite to another if it is part of job duties
5. traveling to a meeting if employee is being paid during travel time
6. if a supervisor instructs employee to complete a task or travel
somewhere that is not part of their regular job duties.
What Must Be Included in a Complete LODI Package?
A completed package that is ready for submission to MLB’s Medical
1. a Comprehensive Injury Report signed and dated by the
employee, the principal and
the local instructional
2. an OP198 signed and dated by the employee and the
3. supporting medical documentation unless it is submitted
separately on an OP407.
Forms may be obtained via the school secretary.
What is the Purpose of the Comprehensive Injury Report (CIR)?
The Comprehensive Injury Report is the form used by the employee to
document and describe any accident or incident which occurs while on
What is the Reporting Timeframe?
When an accident or incident occurs, it must be immediately reported to
a supervisor. The secretary is then responsible for ensuring that
the employee is given a CIR to fill out. This form must be
completed, signed by the employee and submitted to the secretary within
How and When Should an Accident or Incident be Investigated?
It is the responsibility of the school to research the event(s) as
written by the employee on the CIR. This process should take
place as soon as the accident or incident is reported. The closer
to the event that the investigation process begins, the more reliable
the information will be.
How is the CIR Processed?
When the principal/supervisor and the LIS sign the CIR, they must
indicate if they are approving or disapproving it. The
principal’s/supervisor’s signature alerts the LIS and the Medical
Section that he/she has investigated the written information and has
determined whether the account of these events is accurate or
not. It does not mean that he/she feels the employee should or
should not receive line of duty pay for this event.
If a LIS approves a CIR, then Medical can make a determination on a
claim. If a LIS disapproves, then an administrative bar is placed on
the CIR, and any line of duty claim which ensues cannot be determined
until this bar has been lifted. This is done through a grievance
If no days are taken off as a result of a claimed accident or incident,
the CIR should remain in the school in the employee’s file.
What is the OP198 and How is it Processed?
An OP198 is the form used to claim line of duty status. It
is the responsibility of the school to ensure that an employee, who has
submitted a CIR, be given an OP198 form. This must be done if the
employee takes one or more days off and claims this time as a result of
this accident or incident. A line of duty claim is requested by
checking item “C” on the OP198.
The school must ensure that the OP198 is filled out completely and
correctly before it is submitted to Medical. The OP198 may be
used to claim LOD for one day and for up to three months. More
than one OP198 may be submitted for a single accident/incident.
When the OP198 is signed by the principal/supervisor, he/she must make
a recommendation. If the claim is being disapproved, a reason must be
attached. This will assist the MLB physician in the review of
How is Medical Documentation to be Submitted?
Supporting medical documentation must be included with each
claim. It can be submitted on the OP198 itself or on the treating
physician’s stationary attached to the OP198. It can also be
submitted on an OP407 (the Confidential Medical Form).
What is an OP407 and How is it Used?
An OP407 is a two-fold form which is used to request a leave of absence
and when an employee wishes to submit medical documentation
confidentially. The OP407 may be used instead of putting medical
documentation on an OP198. To maintain confidentiality, it can be
submitted directly to Medical. It is not required that it pass through
the employee’s school or office.
When submitting this form in conjunction with a line of duty claim,
item “B” must be checked.
What Happens if Information is Incomplete or Missing?
If any information is missing from the CIR or the OP198, or the forms
themselves are missing, a deficiency letter is sent by the Medical
Section’s line of duty counselor to the school secretary, requesting
the specific information. It is necessary that the school respond
as soon as possible as not to hold up a line of duty
What is the Role of the MLB Physician in the Process?
All long-term line of duty claims are reviewed by an MLB
physician. In addition, all short-term line of duty claims, where
the principal chooses not to approve without a medical evaluation, are
also reviewed by a MLB physician. After the physician has
reviewed a line of duty claim, and makes a determination, one of the
following may occur:
1. all requested dates are approved
2. all requested dates are denied
3. some requested dates are approved and some denied. (Those
denied may or may not
be approved as personal illness.)
All determinations are written at the bottom of the OP198 and signed
off by the physician. The physician may feel that he/she needs
additional medical documentation and/or the employee to appear for an
examination in order to be able to make a determination.
What Correspondence is Involved and How is it Handled?
If a line of duty claim is approved, an approval letter is sent to the
employee. A copy of the OP198 is sent to the personnel manager,
the school and to Payroll and the W2 Unit. If it is denied, a denial
letter and the OP198 are sent to the employee. Copies of both are
sent to the personnel manager, the school and to
What Other Processing Takes Place?
After a line of duty decision is made, the counselor from the Medical
Section will input this determination into EIS. If the dates of
the claimed line of duty are not in EIS, a deficiency letter will be
sent to the secretary. This letter will list the missing dates
and request that they be entered. After the dates are entered,
the letter is to be returned to Medical, alerting the counselor that
he/she may enter the determination.
How are Short-Term LODIs Processed?
If a claim is for ten days or fewer, the principal/supervisor has the
option of approving only (not denying) this claim. He/she needs to sign
the OP198 and check off – approved without medical evaluation. It is
then submitted to Medical with the approved CIR. The line of duty
counselor may then approve the claim without a physician’s review.
To Comply with Memo No. 4 What Steps Does DHR Recommend to Secretaries?
1) Determine the number of days claimants have in their CAR or sick
bank; and 2) Add a reserve of 20 days to that number, allowing for the
possibility that a claimant will exhaust his/her sick days and will
request to borrow days; and/or 3) To that total add up to one calendar
month of absence (the grace period) as defined in the Memorandum. 4)
Having calculated this outside number, the secretary should then
monitor all cases that are pending a medical determination.
Note: If the claimant exceeds the resulting total (1 + 2 + 3), then
he/she must apply for and accept a leave of absence without pay for
restoration of health, subject to the Medical Department’s
determination, or must apply for disability retirement as
appropriate. See Section VII of the Memorandum.