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�� � 1 f 1 <br /> A . <br /> The determination of whether such injury, illness or <br /> disability arose out of and in the course of employment <br /> under this provision shall be the same as that made on the <br /> workmen' s compensation or occupational disease claim <br /> of said employee. Where such injury, illness or <br /> disability was caused under �ircumstances creating <br /> legal liability for damages on the part of some person <br /> or entity other than the City, then if action is <br /> brought by the employee and judgment is obtained and paid, <br /> � or settlement is made either with or without suit, then <br /> from the amount received by such employee the City shall <br /> be reimbursed for any and all amounts paid hereunder. Out <br /> of any such reimbursement, the City shall pay its <br /> pro rata share of all costs and reasonably necessary <br /> expenses in connection with such recovery. If the employee <br /> does not bring action against such third party, then the <br /> City may in the same manner as is provided for recovery of <br /> workmen's compensation payments bring action either in its <br /> n� or the employee 's name for such reimbursement. If <br /> any other benefit or payment is made or required to be made <br /> by the City to such employee, such shall be credited to the <br /> City against the payment of wage or salary provided by this <br /> section. <br /> Section 2 . That Ordinance No. 78-28 be, and the same is <br /> hereby, further amended by adding thereto Section 9-2.1 of <br /> Chapter 9 , said section to provide as follows : <br /> 9-2.1. An employee who uses sick leave credit while <br /> absenting himself from the job due to illness, injury or <br /> off-the-job incurred disability for one working day or any <br /> part thereof or two or more consecutive scheduled working <br /> days discounting any intervening earned or scheduled days off <br /> shall be entitled to full pay for each of such days or parts <br /> thereof only for the first three times during the fiscal <br /> year that such employee so absents himself; beginning the <br /> fourth time that such employee so absents himself from the <br /> job, and on all similar occasions until the end of the fiscal <br /> year, the employee shall be entitled to only one-half days <br /> pay for the first day of such absence, or payment for only <br /> half of the time absent if less than one full day regardless <br /> of whether only one working day or part thereof or two or <br /> more consecutive scheduled working days discounting any <br /> intervening earned or scheduled days off are missed, and only <br /> one- half as much sick leave credit shall be deducted from <br /> such employees' sick leave accumulation as would otherwise <br /> be deducted for such first day or part thereof; provided that, <br />