welcome to bill miller

WELCOME TO

Bill Miller Bar-B-Q

EMPLOYEE HANDBOOK &

OCCUPATIONAL INJURY

BENEFIT PLAN

TABLE OF CONTENTS

The ADP ALINE Visa Payroll Card Information Sheet ………………………………….. 3

Pay Statement Instructions ……………………………………………….......................... 4

New Health Insurance Marketplace Coverage Options and Your Health Coverage ……… 5

Welcome .................................................................................................................………. 7

Handbook Interpretation ............................................................................................……. 8

Introduction ..............................................................................................................…….. 8

Equal Employment Opportunity .................................................................................…….. 9

Attendance/Tardiness ...............................................................................................……... 9

Bulletin Boards .......................................................................................................... …. .. 10

Conduct/Work Performance ........................................................................................ ….. 10

Change of Status ....................................................................................... .................. …… 11

Confidentiality ……………………………………………………………………………… 11

Customer Complaints ………………………………………………………………………. 11

Dress Regulations ………………………………………………………………………….. 11

Employee Benefits ………………………………………………………………… ……… 12

Educational Assistance Program …………………………………………….. ……………. 12

Family Medical Leave Act ………………………………………………….……………… 12

Leave of Absence ………………………………………………………………………. … 13

Funeral Leave ……………………………………………………………………………… 13

Holidays ……………………………………………………………………………………. 13

Insurance ……………………………………………………………………. …………. ... 13

Jury Duty ………………………………………………………………………………….. 13

401 (K) Plan ………………………………………………………………………………. 14

Meal Period and Discount . ……………………………………………………………….. 14

Promotions …………………………………………………………………. ……………. 14

Staff Leader Program …………………………………………………………………….. 14

Personal Paid Days ............................................................................................................ 14

Vacation …………………………………………………………………………………… 14

Employee Meetings ………………………………………………………………………. 14

Employment of Relatives …………………………………………………………………. 15

Food Safety ……………………………………………………………………………….. 15

Fraternization …………………………………………………………………………….. 15

Grievance Procedure ……………………………………………………………………… 15

Hours of Work and Work Schedules ……………………………………………………… 15

Lost and Found ………………………………………………………………………….... 15

Overtime ………………………………………………………………………………….. 15

Parking ……………………………………………………………………………………. 15

Payday ……………………………………………………………………………………. 15

Payroll Deductions ………………………………………………………………………. 15

Personal Telephone Calls ………………………………………………………………… 15

Pre-Employment/Promotion Testing …………………………………………………….. 16

Safety …………………………………………………………………………………….. 16

Safety Rules & Regulations …………………………………………………………….... 16

Proper Lifting Techniques ……………………………………………………………….. 17

Sanitation ………………………………………………………………………………… 18

Hand Washing Diagram ………………………………………………………………….. 19

Security …………………………………………………………………………………… 20

Smoking …………………………………………………………………………………. 20

Solicitation ……………………………………………………………………………….. 20

Suggestions ……………………………………………………………………………….. 20

Telephone Courtesy ………………………………………………………………………. 20

Termination ……………………………………………………………………………… 20

Testing for Illegal Drugs/ Controlled Substances ………………………………………… 21

Time Clock Procedure ……………………………………………………………………. 21

Transfers ………………………………………………………………………………….. 21

Occupational Injury Benefit Summary Plan ……………………………………………… i

Appendix A Arbitration of Certain Injury-Related Disputes …………………………….. 1

Appendix B Receipt, Safety Pledge and Arbitration Acknowledgement ………………... 1

Appendix C Participating Employers ……………………………………………………. 1

PAY STATEMENT INSTRUCTIONS

Welcome! Please Register an account with ADP to allow access to your employee and company

information.

Through ADP, our payroll provider, we are able to offer you access to your Earning Statements and W-2

forms 24 hours per day, 7 days a week.

1) Access www.workforcenow.adp.com and select 2) Enter the following into the

Registration

"First Time User?" REGISTER HERE Code Field: BillMilleB-12

3) The following prompt will appear - 4) Please complete the information as

requested

click on YES to validate your account:

5) Add contact email address(s) and mobile number(s) to your account.

6) Set up your user ID, password, and select security questions and answers.

7) Click Register Now. Use your user ID and password to access your ADP service(s).

Upon completing the registration process, you may access you pay statements at

www.workforcenow.com. If you become locked out, call the Payroll Department at 210-225-4461.

HANDBOOK INTERPRETATION

This handbook is intended to provide employees with a general understanding of the personnel policies at

Bill Miller Bar-B-Q. The personnel policies in this handbook supersede and replace all prior published or

unpublished policies.

The information in this handbook should be helpful in familiarizing employees with the company. This

handbook, however, cannot anticipate every situation or answer every question about employment. Neither does

this handbook nor any provision in the handbook constitute a contract of employment or any other type of

contract. Bill Miller Bar-B-Q must demonstrate flexibility in the administration of policies and procedures, and

reserves the right to change or revise policies and procedures without notice when such action is deemed

necessary by the company.

INTRODUCTION

Mr. And Mrs. Miller started their business career in April of 1952, retailing fresh dressed poultry and

eggs. The food service segment of the business started in March of 1954 as a small fried chicken-to-go

establishment. Fried chicken sales led to barbecue and hamburgers. There were few, if any, food-to-go stores in

the fifties, and Bill Miller was one of the first to offer quality food and to promote five (5) minute service.

Personal savings during those years led to the opening of a second restaurant in February of 1965.

The company now operates many restaurants in South Texas serving specially-prepared barbecued meats,

potato salad, rice and beans. The restaurant dining rooms seat 80 to 150 people. Bill Miller Bar-B-Q takes pride

in its fast and efficient food-to-go service.

Another service offered by Bill Miller Bar-B-Q is catering to small and large groups all over South

Central Texas.

The Home of Bill Miller Bar-B-Q (Central Plant) operates a commissary, a sausage kitchen, bakery,

laundry and a distribution center.

EQUAL EMPLOYMENT OPPORTUNITY

It is and shall continue to be the policy of Bill Miller Bar-B-Q that all persons are entitled to equal opportunity regardless

of race, color, religion, national origin, age or disability, sexual orientation or any other classification protected by federal,

state or local law.

In compliance with the provisions of all applicable state and federal civil rights laws, every effort will be made to employ

the most qualified individuals without regard to the above factors.

Bill Miller Bar-B-Q prohibits discriminatory practices or harassment based on sex, race, color, religion, national origin,

age, or disability involving employees, customers, or the general public.

Additionally, it is and shall continue to be our policy to provide promotion and advancement opportunities in a non-

discriminatory fashion.

It is and shall continue to be the policy of Bill Miller Bar-B-Q that its employees and their work environment shall be free

from all forms of harassment and intimidation, including but not limited to sexual harassment. Verbal and physical conduct

of a sexual nature by any employee, supervisor or manager, including sexual advances, requests for sexual favors or other

conduct which tends to create an intimidating, hostile or offensive work environment, is strictly prohibited.

All employees are responsible for maintaining a workplace free of harassment and/or discrimination. Any person may file

a harassment and/or discrimination complaint regarding incidents experienced personally or observed in the workplace. Do

not assume that Bill Miller Bar-B-Q is aware of a problem. It is the responsibility of all personnel to bring complaints to the

Company so that it can help resolve them.

Employees who believe they are being subjected to any harassment, including but not limited to sexual harassment, by a

co-worker, manager or supervisor or believe their employment is being affected by such conduct, shall report such incidents

to the manager, Area Manager, Assistant Director of Operations, Director of Operations or the Director of Personnel. There

will be no retaliation against the complaining person or any person who participates in the investigation of a complaint. A

prompt thorough investigation of your complaint will be conducted. If it is determined that a violation of this policy has

occurred, prompt and appropriate action will be taken, which may result in discipline up to and including termination. If you

are not satisfied with the conclusions or results of the investigation, you may present your complaint in writing to the CEO.

ATTENDANCE/TARDINESS

Regular attendance and punctuality in reporting for work are absolutely essential to the efficient operation of the business

and to the maintenance of good customer relations. Excessive absenteeism or tardiness, excused or unexcused, regardless of

the reason, disrupts work schedules, places an undue burden on co-workers, and prevents Bill Miller Bar-B-Q from providing

customers the service to which they are entitled. Once the schedule has been posted, any changes must be initialed on the

schedule sheet by both the manager and the employee.

ABSENTEEISM

If it is necessary for you to be absent from work, you must give notice by calling the manager on duty every day that

you are absent. Absences will be considered excessive when they total seven (7) in a consecutive 12-month period, beginning

on the date of the first absence. The seventh absence will result in a verbal warning, the eighth absence results in a written

warning, the ninth absence results in a second written warning, and the tenth absence will result in discharge.

If you are absent due to an illness or injury for 3 consecutive workdays, you may be required to provide a doctor’s

excuse for the length of the illness, injury, or disability. Failure to provide this doctor’s excuse may result in disciplinary

action up to and including discharge.

Jury duty, funeral leave, leave of absence, vacation leave, any approved leave or schedule accommodation as

defined by the American with Disabilities Act (ADA) or Family Medical Leave Act (FMLA) will not count as an instance.

*STORE MANAGEMENT MUST NOTIFY THE AREA MANAGER ON DUTY.

TARDINESS

If you are going to be late or tardy, you must notify the manager on duty. Tardies will be considered excessive

when they total seven (7) in a consecutive 12-month period, beginning on the date of the first tardy. The seventh tardy will

result in a verbal warning, the eighth tardy results in a written warning, the ninth tardy results in a second written warning,

and the tenth tardy will result in discharge.


LEAVING PRIOR TO THE END OF SHIFT

Employees needing to leave prior to the end of their shift due to a personal situation, stemming from outside of work, causes

disruption and places undue burden on fellow employees. Employees must notify the manager on duty prior to leaving.

Having to leave will be considered excessive when they total seven (7) in a consecutive 12 month period, beginning with the

date of the first incident. The seventh incident will result in a verbal warning, the eighth will result in a written warning, the

ninth a second written and the tenth will result in discharge.


NO CALL NO SHOWS: (Absenteeism without notification)

Two separate instances of no call, no show will result in termination after the first incident of a written warning with

notification that a second incident will result in discharge.

Two consecutive no call, no shows for two consecutive “scheduled days” will be considered a voluntary resignation.

WALKING OFF THE JOB

Job abandonment or walking out constitutes a voluntary resignation.

BULLETIN BOARDS

Bulletin boards are to be used to keep employees current on notices, special events, changes in company rules, regulations

or policies, and other information. Only authorized materials may be posted.

CONDUCT/WORK PERFORMANCE

Whenever and wherever people work together, each person must conform to standards of reasonable conduct in order to

maintain an orderly, efficient atmosphere. This is particularly true in an organization where the actions of one employee may

adversely affect the efficiency, productivity, job security and chances for opportunity for fellow employees. Accordingly, an

employee may be disciplined, including dismissal, in order to protect the rights of others and to encourage correct conduct

and cooperation.

Corrective measures are not intended to inflict punishment. Various measures are designed to correct whatever problem

the employee has, and to make employees aware of the importance of abiding by our company policies and procedures. In

some cases, it may be necessary to dismiss an employee because of the seriousness or continuation of an offense. Violation

of any rule, regulation or work practice will result in the positive discipline system being enforced. Depending on the

circumstances and the employee’s record, this disciplinary action could be a Verbal Warning, Written Record, Suspension or

Termination. The intent of our discipline system is to use disciplinary action as a means to assist and encourage employees

to correct their conduct and to achieve satisfactory work performance.

We are listing offenses in two main categories to provide our employees with an understanding of what they can expect if

they violate certain policies and procedures. It is not possible to list every conceivable infraction, however, the two areas

listed should provide a guideline as to what discipline may apply for situations not listed.

Serious Offenses

These infractions are extremely serious and due to the severity, the employee is subject to written record, up to termination

on the first offense:

• Gambling

• Violating the Company’s Equal Employment Opportunity Policy

• Customer or employee abuse or neglect

• Insubordination

• Inappropriate behavior

• Refusal to allow packages, purse or pockets to be checked by authorized personnel

• Petty Thievery/Pilferage (A $100 reward will be paid to anyone reporting such activity that can be confirmed. This offer

does not expire and the source of the information will not be disclosed. Should you become aware of such an

occurrence, please contact your manager, area manager, or operations director).

• Giving unauthorized discounts or accepting an unauthorized discount

• Not paying for any food eaten or not charging a co-worker, friend, relative, etc.

• Violation of cashiering policies

• Responsible for instigating or fighting on company property or threatening to do bodily harm

• Indecency or immoral conduct on company property within or outside of normal working hours

• Forging, altering, or deliberately falsifying any document

• Clocking in or out for another employee

• Possession of illegal drugs or drug use or impairment on duty because of drugs or alcohol; refusing to be tested if

reasonable cause to suspect such influence

• Possession of firearms or explosives or other dangerous weapons

• Dishonesty or removal of another employee’s property or company property without permission

• Misrepresentation on employment application

• Conviction of a punishable crime as a felony

• Jeopardizing the health and safety of others

• Leaving work at end of shift without the permission of manager in charge or not ready to go to work at the start of shift.

• Smoking or dipping while on the clock

Other Offenses

Although these infractions are serious, it is felt that through counseling and other measures an employee should be aware

of and correct his actions and conduct. Failure to do so will result in disciplinary action, up to and including discharge.

• Substandard quality and quantity of work

• Disruptive behavior

• Smoking or eating in unauthorized areas

• Loafing or lack of application or effort on the job

• Disobeying instructions, policies and procedures

• Violation of parking policy

• Dress code violation

• Using equipment, material or supplies in a careless or wasteful manner

• Poor customer relations

• Bad personal hygiene

• Refusal to or failure to work overtime

• Violation of confidentiality

• Solicitation

• Disorderly conduct on company property

• Mishandling, abusing, destroying or defacing property belonging to the company and/or other employees

• Placing company property at risk of theft or vandalism

• Undue familiarity with other employees while at work will not be permitted

• Indiscriminate gossiping or criticizing

• Making or receiving excessive phone calls while on duty

• Failure to attend mandatory employee meetings

• Failing to promptly report an accident or job-related injury

• Excessive talking about personal affairs while on duty

• Disclosing pay rate to another employee

• Taking pictures or videos inside the store.

CHANGE OF STATUS

It is important that Bill Miller Bar-B-Q keep an accurate record of each employee’s personal status. Any change in

address, telephone number, marital status, dependents or credential should be reported immediately to the Personnel

Department. This is especially important as unreported changes in dependency status, which affect the employee’s insurance

program, might cause the insurance to be declared invalid in the event of a claim.

CONFIDENTIALITY

Employees of Bill Miller Bar-B-Q are exposed to information concerning company recipes and activities that must be held

in confidence. Employees should not discuss company affairs with other employees or outsiders, except as necessary for the

discharge of official duties. Violation of confidence may result in disciplinary action up to and including termination.

CUSTOMER COMPLAINTS

When an employee becomes the recipient of a customer complaint, the employee should not handle the situation. The

policy of Bill Miller Bar-B-Q is that all customer complaints should be handled by a member of the management team.

Inform the customer of our policy and excuse yourself to locate the manager.

DRESS REGULATIONS

All employees shall present a well-groomed professional appearance, which inspires confidence in customers, families and

visitors. Personal appearance will be regarded as an important aspect of employees’ overall effectiveness. The appearance of

an employee is an important part of the company’s image.

Upon employment, employees are required to purchase a Bill Miller shirt, identification badge, and a cap or visor.

Payment for uniforms will be fulfilled through payroll deductions until the entire amount due is collected. Employees must

be in uniform at all times while on duty and while on Bill Miller property. Additional/replacement uniforms and/or

identification badge, which has been lost or damaged, can be ordered through the employee’s manager.

When an employee is inappropriately dressed, the company reserves the right to send the employee home (without pay) in

addition to counseling the employee. The following regulations are to be observed:

Uniformed Hourly Personnel: Clothing/Footwear

• Clean Bill Miller work shirt

• Bill Miller clean printed cap or visor with hairnet. (No bandanas, stocking caps, scarves, etc. are to be worn

under caps or visors.)

• Printed nametag with correct name. No extra stickers, marks, pins, etc., may be added to your nametag.

• Neat, clean blue or black jeans, not torn, worn at waist level and belted if looped. No corduroys. Nothing

should be allowed to hang out of pant pockets while on duty (combs, brushes, keys or key chains, wallets).

• Safe, comfortable shoes (clean, not worn); leather uppers with rubber soles and dark colors only (black or

brown). Sandals, clogs, canvas, open-toed, or open-back shoes are not acceptable.

• Cell phones must be kept in the office while you are clocked in. If you bring your cell phone to work, you

will print out your time slip when you clock in, tape your time slip to your phone and give it to the

manager to put in the office. At the end of your shift or when you go on break, the manager will give you

back your phone with your time slip taped to it.

General Dress Regulations for all Bill Miller Employees:

Hairstyles: Hairstyles of employees are expected to be in good taste, clean, well kept, and conservative in style.

1. Men’s hair should be no longer than collar length and should not fall below the bottom of the ear.

2. Mustaches and sideburns are to be kept clean and well trimmed at all times.

3. Those employees who shave their face will do so on a regular basis and not report to work needing a shave.

4. Beards and goatees are not permitted.

Make-up:

1. Make-up should not be excessive. Males may not wear make-up.

2. Fingernails must be trimmed, filed, maintained to be smooth, cleanable and not rough. No polished, sculptured

or artificial nails are allowed.

3. Hickies are not allowed.

Tattoos:

1. Visible tattoos are allowed on hand and/or arms provided they are not obscene, offensive, or vulgar.

2. Facial tattoos are not allowed.

Perfume/Cologne:

1. Perfume/Cologne should not be applied excessively and should be conservative in scent.

Jewelry:

Employees may wear one smooth plain wedding band. No other visible jewelry is allowed. This includes bracelets,

earrings, tongue rings, etc.

Personal Hygiene:

Good personal hygiene should be maintained at all times.

EMPLOYEE BENEFITS

Bill Miller Bar-B-Q regularly reviews the employee benefits program. Changes that occur from time to time will generally

be communicated to employees through the main office.

EDUCATIONAL ASSISTANCE PROGRAM

The continued educational growth and development of employees is important to the success of Bill Miller Bar-B-Q. If

employees would like to continue their education while working, Bill Miller Bar-B-Q will assist financially, a maximum

amount of $600 (six hundred dollars) per semester, providing the following criteria is met:

A. Six (6) months or more of continued employment

B. Working an average of twenty (20) hours or more a week for the six (6) months prior to the end of the semester.

C. Courses must be taken at an accredited institution (Jr. College or University) or approved technical school and

completed with a minimum passing grade of a “C”. Incomplete, dropped courses or grades less than a “C” will not be

considered for reimbursement.

D. Applications for assistance must be received within 90 days of the end of the semester that is to be reimbursed.

E. Employee must be active or left in good standing to be considered.

Upon completion of the semester, the Manager will forward a completed Educational Assistance Application, itemized

receipts for payments from the institution and grades, to the Personnel Department to be processed for reimbursement. The

check will be forwarded to the employee at the store in which he/she is employed.

A permanent copy of the application with attached grade slip and bill will be maintained in the employee’s personnel file.

FAMILY AND MEDICAL LEAVE ACT

This type of leave is provided by the new federal law adopted in 1993 for employees with twelve (12) months of

employment and a minimum of 1250 hours worked during the period preceding the request. The granting of up to twelve

(12) weeks of unpaid leave in any twelve (12) month period is approved for the resolution of personal or domestic issues

such as:

1. The birth of a child or to care for the baby (eligibility for leave expires twelve (12) months from date of birth);

2. The placement of a child or for foster care (eligibility for leave expires twelve (12) months from placement of child);

3. To care for a spouse, child or parent who has a serious health condition. The leave under this reason may be taken

intermittently or on a reduced time basis, if such a schedule is needed for medical reasons.

4. Because of the employee’s own serious health condition, where the employee is unable to perform his/her job. The leave

under this reason may be taken intermittently or on a reduced time basis if medically necessary to do so.

5. A “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the

Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment,

recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a

serious injury or illness.”

6. Qualifying Exigency Leave: A covered employer must grant an eligible employee up to a total of 12 workweeks of

unpaid leave during the normal 12-month period established by the employer for FMLA leave for qualifying exigencies

arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty, or has been notified of an

impending call or order to active duty, in support of a contingency operation. Under the terms of the statute, qualifying

exigency leave is available to a family member of military member in the National Guard or Reserves; it does not extend

to family members of military members in the Regular Armed Forces.

Employees are required to give their employer at least thirty (30) days advance written notice of such leave, to the extent

advance notice is practicable. Also, if the leave is for planned medical treatment, the employee is expected to schedule the

treatment so as to create minimum disruption for the employer.

The employee will be required to provide documentation from the Health Care Provider about the employee’s or family

member’s condition before leave will be granted.

Should you need additional information, please contact the Personnel Department at the main office.

LEAVE OF ABSENCE

A leave of absence is defined as time off from work for which the employee has received prior approval. Employees

must have worked a minimum of six months to qualify for this type of leave not covered by the Family and Medical Leave

Act. A leave of absence may be granted for up to 12 weeks. Requests for a leave are submitted for consideration to the

manager or area manager in writing, stating anticipated starting date and date of return. Leaves of absence are not

automatically granted. An employee returning from a leave of absence will be eligible for re-employment if a vacant position

for which they are qualified is available. An employee returning from a leave of absence who refuses a vacant position for

which they are qualified may be terminated. Failure to return to work at the conclusion of a leave of absence will be

recognized as a voluntary resignation.

Whenever an employee is on any type of leave, it will be necessary for the employee to pay the insurance premium

payments prior to the beginning of the leave, and on a monthly basis in advance thereafter. If the employee fails to pay the

premiums in advance, the insurance will be terminated at the end of thirty (30) days.

If an employee is employed elsewhere while on a leave, and the employee is able to work and does not contact his/her

manager, his/her employment will be terminated.

FUNERAL LEAVE

It is the policy of Bill Miller Bar-B-Q to grant employees bereavement time off without loss of pay when a death occurs in

the immediate family. All employees are eligible after one year of continuous employment. One day of leave is granted for

funerals held within 100 miles of the employee’s residence. Two days are granted for those greater than 100 miles. If for

extenuating circumstances more time is needed, arrangements may be made with your area manager. If the employee is

scheduled off for that particular day, no pay is granted for that day. You must provide verification for funeral attendance

(example: certificate from funeral home).

Immediate family members are considered to be spouse, children, parents, brother, sister, grandparents, aunt, uncle, niece,

nephew, father-in-law, mother-in-law, stepchildren, sister-in-law, brother-in-law, daughter-in-law, son-in-law or member of

employee’s household.

HOLIDAYS

Bill Miller Bar-B-Q stores are open seven (7) days a week, opening half a day on Thanksgiving and closing Christmas

Day. The main office will be closed on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor

Day, Thanksgiving Day, and Christmas Day.

INSURANCE

Bill Miller Bar-B-Q offers medical, dental, vision and life insurance to all employees. Hourly employees may obtain these

coverages provided they meet the following criteria:

1. Six (6) months or more of continuous employment

2. Work an average of thirty (30) hours or more weekly.

Management employees may obtain these coverages after 30 days of continuous employment.

Whenever an employee is on any type of leave, it will be necessary for the employee to pay the insurance premium

payments prior to the beginning of the leave, and on a monthly basis in advance thereafter. If the employee fails to pay the

premiums in advance, the insurance will be terminated at the end of thirty (30) days.

The company’s group health insurance plan provides temporary extension of health coverage for eligible employees with

certain qualifying events, in compliance with federal law. Details are noted in the Continuation of Benefits Policy.

For more information regarding coverage, costs, etc., please contact the main office.

JURY DUTY

All employees are eligible after one year of continuous employment. Employees will be paid for the scheduled hours

missed at their current base rate of pay while serving on jury duty provided that he/she submits a copy of the jury duty

certificate, not the summons, to their manager as soon as it is received. Management employees will receive their regular

salaries during weeks in which they have required jury duty.

Employees will be required to work evenings and weekends as scheduled while in jury service.

401K PLAN

A personal account can be established for each individual to which you can make either pre-tax contributions or contribute

to a 401K Roth account ranging from 2% to 15% of your compensation. Bill Miller Bar-B-Q will contribute to a maximum

of $1,500.00 per calendar year. The company’s contribution rate is reviewed each year and is related to the company’s

profitability. All employees who are at least 21 years of age, have completed one year of service and work an average of 20

hours or more per week are eligible to participate.

For more information you may contact the main office.

MEAL PERIOD AND DISCOUNT

Employees are scheduled for a thirty (30) minute meal period if they work a minimum of six (6) hours. Employees are

required to clock out for the meal period. If the employee does not get a scheduled meal period, the employee must report

this to his/her immediate supervisor. Failure to clock out for a meal period will result in termination.

Hourly employees are provided a 50% discount for meals, including their drinks, at their respective unit while

scheduled to work. Half price food is for dining room consumption only; all food to-go is full price. Employees may come

in just prior to their work schedule and eat or they may eat after their scheduled shift for that day.

Eating or drinking is not allowed while an employee is clocked in, except from the water fountain. Violating this policy is

considered a serious offense and is subject to termination on the first offense.

Giving unauthorized discounts, not paying for food eaten, knowingly not charging fellow employees or friends correctly,

or paying half price for food and then giving it to someone else to eat is stealing. An employee caught stealing will be

discharged. It will mar his or her work record permanently.

PROMOTIONS

Whenever a job opening occurs, the company will attempt to fill the vacancy by promotion from among present qualified

employees, if possible.

STAFF LEADER PROGRAM

This program is designed to develop people toward management. A series of testing and evaluations are performed to

identify employees who qualify to participate in this program. Staff leaders must be at least 18 years of age and must be

available to work additional hours. Any employee interested in this program should contact their manager or area manager.

PERSONAL PAID DAYS

Hourly employees are eligible for 3 personal days each year upon qualification. Employees must average 30 hours or

more per week, qualify each year on their anniversary date, and personal days may not be carried over from one year to the

next. A personal day for an hourly employee is equal to 1/5 of their weekly vacation average.

Managers are eligible for up to 7 personal days after 1 year in a management position. Personal days are based on a

calendar year, January through December. There is no pay-out for unused days. Days may be carried over up to a maximum

of 14 in a year. Number of days will be prorated upon completion of 1st year in the position. Refer to chart below:

Jan/Feb 7 Sept/Oct 3

Mar/Apr 6 Nov 2

May/June 5 Dec 1

July/Aug 4

Personal days may not be used the day before, the day of, or the day after the following holidays:

New Year's Day - Easter - Mother's Day - Memorial Day - Father's Day - July 4th - Labor Day.

Personal days along with vacation time may not be taken the week before or the week of Thanksgiving, or during the 7

days prior to Christmas.

Laguna Madre employees are also not able to use personal days on Ash Wednesday and any Friday during Lent.

Personal days must be taken concurrent with any type of leave.

VACATION

Employees are eligible for a two (2) week paid vacation after one year of continuous service and an average of 30 hours or

more per week. Employees are eligible for three (3) weeks of vacation after six years of service, four (4) weeks

after twenty-five years of service and (5) weeks of vacation after thirty-five years of service. Vacations should be requested

well in advance to allow for proper scheduling of replacements during the vacation periods. Generally, vacation weeks may

not be taken consecutively unless an employee is on leave covered by the Family Medical Leave Act or leave of absence.

Personal days and vacation must be taken concurrent with leave.

Vacation may not be taken the week before or the week of Thanksgiving, or during the 7 days prior to Christmas.

Vacation will be paid out if not taken in the year following the year in which the vacation was earned.

EMPLOYEE MEETINGS

Employee meetings are held quarterly. Attendance is considered part of the duties of each employee. Employees will be

paid for attending all mandatory meetings. Employees who fail to attend will be subject to the attendance policy.

EMPLOYMENT OF RELATIVES

Relatives of employees may be considered for employment, if qualified for specific vacancies. Relatives of management

are not considered for employment in the same store. In no case will relatives supervise one another. Clarification or conflict

regarding this policy should be resolved only by the Director of Operations or Director of Personnel. Relatives of hourly

employees may be employed at the same unit with the Area Manager’s approval.

FOOD SAFETY

The Texas Department of State Health Services (TXDSHS), under Texas Food Establishment Rules (TFER) §228.33,

requires that ‘…all food employees shall successfully complete an accredited food handler training course. Bill Miller Bar-B-

Q requires that all employees have a valid Texas Food Handlers Card License from an ANSI accredited testing provider.

FRATERNIZATION

Fraternization between management personnel and hourly employees is not permitted. Fraternization is defined as having

a close personal relationship with and/or engaging in activities while on or off duty that could negatively affect the work

environment. Such activities include but are not limited to, dating, attending an employee party, socializing with, dining

with, etc. Violations of this policy are serious and subject to disciplinary action up to and including termination.

GRIEVANCE PROCEDURE

Whenever a group of people are required to work together for an extended period of time, problems and

misunderstandings can occur. In order to ensure prompt and constructive problem solving, employees are encouraged to

follow this procedure:

1. A person who has a grievance submits it to his immediate supervisor.

2. In the event a solution cannot be reached, the supervisor will discuss the full particulars with his area manager.

The area manager will discuss the problem with both parties and make an effort to reach a solution agreeable to

both.

3. If a solution is not reached, the problem should be presented to the Directors’ of Operations or the Director of

Personnel.

Although the corporate personnel are listed at the last of the procedure, they may be called on at anytime to render

assistance.

HOURS OF WORK AND WORK SCHEDULES

Bill Miller Bar-B-Q operates all store locations seven (7) days a week. In the best interest of providing quality product

and prompt customer service, employees are expected to work any shift if the need arises or in any work area for which they

are qualified. Hours of work are scheduled by the manager to meet the needs of the restaurant as required by customer flow.

Requests for time off are to be made in writing by Tuesday, two weeks ahead of time. All requests must be dated with date

the request is submitted.

LOST AND FOUND

When an item is found or turned in, the item should be given immediately to the manager on duty, to put in the office for

safekeeping.

OVERTIME

As a result of work activity, it may be necessary for some employees to work in excess of their regular schedule.

Overtime hours are approved by the supervisor or manager prior to the employee working overtime. Hourly employees will

be paid overtime premiums in accordance with the Fair Labor Standards Act.

PARKING

Some of the Bill Miller Bar-B-Q restaurants have adequate parking for customers and employees. At these locations,

employees may park in the rear. This will insure that customers will have access to the more convenient parking.

At the restaurants that do not have adequate parking facilities, the employees are asked to make other arrangements for

parking. Any employee that does not abide by this policy is subject to disciplinary action up to and including termination.

PAYDAY

The payroll period covers two weeks, beginning on a Monday of the first week through Sunday two weeks later. Paydays

are on the Friday following the end of the two-week pay cycle.

Upon termination, direct deposit will automatically be cancelled.

Commissions: Members of management who receive commission pay must complete a 28-day period prior to

resignation to earn commissions for that period.

PAYROLL DEDUCTIONS

The Payroll Department will deduct from employee earnings only those deductions required by law (social security,

withholding tax, etc.), plus authorized deductions and contributions such as uniform expense and insurance premiums.

PERSONAL TELEPHONE CALLS

No personal calls while at work. Emergency calls only.

PRE-EMPLOYMENT/PROMOTION TESTING

It is the policy of Bill Miller Bar-B-Q that testing only be utilized as a tool in assessing the individual’s ability and not as a

definite determinate in hiring and promoting an individual. Tests that are utilized will comply with EEOC Guidelines and

will be validated as to job content.

SAFETY

The company attempts to provide a safe work environment. Most accidents can be prevented through proper body

mechanics, proper use and maintenance of equipment and facilities, alertness on the job and good housekeeping practices.

If an employee is injured on the job, the incident must be reported immediately to the immediate supervisor or manager.

SAFETY RULES

The following rules have been adopted to insure your safety when you are working for Bill Miller Bar-B-Q. Please read

them carefully and abide by them at all times.

1. The floors in our restaurants get wet. Take care when working in wet areas. Take your time, especially when

turning corners. Shoes with leather uppers and rubber soles are a must. Canvas shoes are not allowed. Kitchen

floor should be kept free of excess water at all times. Always catch crumbs in your hands, never wipe onto floors.

All spills are taken care of immediately. Notify everyone of a wet floor hazard by calling out “Wet Floor”. Keep

floor clear. Pickles, fries, boxes, etc., create slipping and tripping hazards.

2. Never place a sharp knife in a sink of hot soapy water. Wash the knife; rinse it; then put it back in its place.

Never slide the knife under the cutting board. Place it on top of the cutting board when not in use. When using the

knife, take your time. Keep your mind on the task at hand and exercise caution.

3. When cooking, keep pot handles away from the flames and away from the walking areas. Place items in the ovens

where they can be easily reached. When transporting hot liquids, never fill the inserts more than 2/3 full and always

notify your fellow employees when you are nearby calling out “Hot” and the name of the item you are carrying.

Never carry a full pot of beans, remove at least ½ of the product first then ask for help to move the pot with the

remaining beans from the stove. Hot water from the coffee brewer may only be used for bean juice and then only if

it is placed in an insert. Do not use plastic buckets for transporting any hot items. Use caution when removing

items from the microwave; avoid the steam and liquid, as these will be very hot.

4. Take your time when working around the fryolators. Hastiness can cause a serious burn. Gently lower the baskets

into the fryolators, do not drop. Never stand on the fryolators, grill or stove. When cleaning vent-a-hood, wrap a

towel around a deck brush or use a ladder. Use a broom handle to remove or replace vents, by sliding each to the

end. Pull stove out for easier accessibility. Fryolators should not be turned on until the vent-a-hood is cleaned and

the vents are back in place.

5. The slicing machine can be a dangerous piece of equipment if not used properly. Never attempt to operate the

slicer until you have been properly trained. Only qualified individuals may operate the slicer. Those working the

slicer must remember to keep the blade closed, dial set at “0”, and turned off when transferring product in and out or

when not in use. Never place hand inside the carriage with the blade open.

Additionally, the slicer must be unplugged when disassembling for cleaning, blade closed and draped with a towel.

All employees must be cautious when working around the slicer. Do not bump into them.

6. The amount of weight you can safely lift varies from individual to individual. Always get help when lifting

anything in excess of 50 pounds, and for less than that if needed. Teamwork is the key. Always use 2 people to

empty trash into the dumpster regardless of the weight of the barrel. Remember when lifting use your legs not your

back.

7. Absolutely no horseplay or cursing is permitted on the premises. These actions create an unsafe work environment

as well as other problems. They will not be tolerated.

If at anytime you witness an unsafe act or situation, report it immediately to your manager. We have take the

precautions to provide you with a safe place to work, so please follow these instructions.

SANITATION

The following list summarizes specific practices that must be observed by every food service worker at Bill Miller

Bar-B-Q.

1. Wash hands and arms and clean fingernails frequently at the hand washing sink using the

following procedure:

1) Pre-dispense a length of paper towel.

2) Using hot water and soap, vigorously rub lathered hands and exposed portions of arms (up to

elbow) for at least 10-15 seconds. Pay particular attention to areas between the fingers and

underneath fingernails.

3) Rinse hands and arms thoroughly.

4) Using pre-dispensed paper towel (step 1) turn off water spigot.

5) Allow hands to air dry.

6) Don gloves if task requires.

2. Keep body and clothes as clean as possible.

3. Don’t cough, spit, sneeze, smoke, or dip tobacco near food or dishes.

4. Keep fingers out of and off the food. Hold glasses by the base, cups and silverware by the handles.

5. Serve wholesome food only. Never serve food held for longer than its established time. Check with

manager when in doubt.

6. Do not serve foods if you have an infected arm, hand, or finger that is not properly covered.

7. Do not use a dirty towel to wipe eating utensils.

8. Do not let dirty utensils or equipment touch food.

9. Keep all perishables in the vault.

10. Keep premises sparkling clean.

11. When handling food and money wash hands before handling food after a money transaction. Follow the

hand-washing procedure.

12. Keep fingernails clean. If a Band-Aid is worn on a finger you must wear a glove.

13. Use hand sink for hand washing only.

14. SANITATION BUCKET –

½ BUCKET OF WATER and ½ CAPFUL OF BLEACH

SLICER BUCKET –

½ BUCKET OF WATER, 1½ OZ. SOAP (“COMPLIMENTARY PICO DE GALLO CUP”) and 1 FULL

CAP OF BLEACH.

Hand Washing Procedure

1

Paper

Towels

2

Seconds 10-15

3

5

Hand Sink

4 6

1. Pre-Dispense a length of paper towel.

2. Using hot water and soap, vigorously rub lathered hands and exposed portions of arms (up to the

elbow) for 10 to 15 seconds. Pay particular attention to areas between the fingers and underneath

fingernails.

3. Rinse hands and arms thoroughly.

4. Using pre-dispensed paper towel (step 1) turn off water spigot.

5. Allow hands to air dry.

6. Don gloves if task requires.

SECURITY

Employees are urged to be alert to the entry of unauthorized persons in any areas. An employee who sees anyone who

does not appear to be an employee (or even an employee who might be outside his/her regular working area) should offer

assistance in directing that person to his/her destination.

The cooperation of all employees is essential to prevent theft. Supplies and equipment should be stored in approved areas

and maximum security measures observed. Employees should not bring excessive amounts of money or valuables with them

to work. Company property may not be removed from the premises except by written authorization in advance from the

proper authority.

Once the doors are locked at closing, no one is allowed to open the door except for the manager. Violations of the policy

will result in disciplinary action up to and including discharge.

SMOKING

Smoking and/or vaping are prohibited on premises.

SOLICITATION

To avoid disruption of store operations or disturbance of customers, the following rules apply to solicitation and

distribution of literature on company property:

OUTSIDERS - Persons not employed by Bill Miller Bar-B-Q may not solicit or distribute literature on company property at

any time, for any purpose.

EMPLOYEES OF BILL MILLER BAR-B-Q - May not solicit during working time for any purpose. Working time includes

the working time of both the employee doing the soliciting and the employee to whom the soliciting is directed.

Employees may not distribute literature at any time, for any purpose.

SUGGESTIONS

New ideas and suggestions are always welcome. Employees are encouraged to assist management by submitting

beneficial suggestions in writing or to discuss verbally their ideas with their manager or area manager as needs arise or ideas

occur.

TELEPHONE COURTESY

Employee courtesy in using the telephone can make friends for the company. In using the telephone, employees should

keep in mind the following rules:

• Answer properly and promptly

• Provide identification by giving company name, location "Bill Miller Bar-B-Q on Jackson Keller & West Ave."

• Give accurate and careful answers

• Always say “Please” and “Thank You”

• Use a helpful and pleasant tone of voice at all times

• If they ask for a manager say "One moment please".

• Do not drop phone

• Hang up gently

TERMINATION

Since employment at Bill Miller Bar-B-Q is based upon continuing mutual consent, either the employee or the employer is

privileged to terminate employment at anytime for any reason. No exceptions to the foregoing policy will be recognized

unless contained in written agreement signed by the President. No employee has the authority to modify this policy.

It is important for the employee’s record that appropriate termination procedures be followed. It is also important for Bill

Miller Bar-B-Q that it have adequate advance notice of the employee’s desire to terminate. There are several types of

termination:

RESIGNATION: An employee who terminates service with the company should give at least two (2) weeks written notice

to the immediate supervisor. This will allow the manager to arrange for replacement.

RESIGNATION WITHOUT NOTICE: This term is applied when an employee leaves without notice or less than the

required notice. This practice causes the employee’s record to carry a poor termination report and negatively affects the

opportunity for re-employment.

DISCHARGE: An involuntary termination initiated by the company.

FINAL CLEARANCE: Generally, management employees leaving the employment of Bill Miller Bar-B-Q complete an

outgoing clearance with the Personnel Department. This is to assure that all company equipment and keys have been

returned and that employee benefits conversion has been discussed.

TESTING FOR ILLEGAL DRUGS/CONTROLLED SUBSTANCES

Illegal drugs and other controlled substances have become serious threats to the safety and productivity of employees. One

indication of the magnitude of that threat is legislation enacted by Congress known as the Drug Free Workplace Act of 1988.

Bill Miller Bar-B-Q likewise has as one of its objectives the elimination of illegal drugs in the workplace because of the risks

to safety, security, and health that are caused by those substances, not only to employees but also to innocent co-workers,

customers and members of the general public. It is a condition of employment that employees will be required to submit to

company approved drug tests under the following circumstances:

1. pre-employment testing;

2. as part of qualifying criteria for promotion;

3. incident to investigations of accidents resulting in bodily injury or property damage;

4. when violations of safety rules or procedures are suspected;

5. when drug involvement is suspected;

6. on a periodic or random basis.

Refusal or failure to cooperate in test administration or compromising test results will be subject to termination or

application for employment will not be given further consideration.

If you are tested, and test positive for illegal drugs, you will automatically be terminated.

TIME CLOCK/SHEET PROCEDURE

You are required to clock in and out, as per your own schedule. Under no circumstances are you to clock in or out for

someone else. Violation of this regulation will result in immediate dismissal for all parties involved.

All time worked both before and beyond your posted schedule must be authorized and approved, prior to such work, by

your immediate supervisor or manager.

If you are working you must be clocked in. On occasion you may be required to stay later due to business.

TRANSFERS

Transfer from one store to another is made upon request only if the transfer is agreed upon by the two store managers and

the area managers.

© Copyright 2019 PartnerSource Rev. 3/1/19

BILL MILLER BAR-B-Q OCCUPATIONAL INJURY BENEFIT PLAN

(Amended and Restated Effective March 1, 2019)

SUMMARY PLAN DESCRIPTION

NOTICE TO ENGLISH SPEAKING EMPLOYEES: This booklet contains a summary in English of your plan rights and benefits under the Bill Miller Bar-B-Q Occupational Injury Benefit Plan. If you have difficulty understanding any part of this booklet, or would like a Spanish version of this booklet, contact the Director of Personnel at 301 S. Flores, San Antonio, Texas 78204, (210) 225-4461. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. AVISO A LOS EMPLEADOS QUE NO HABLAN INGLES: Este folleto contiene un resumen en inglés de sus derechos y beneficios del plan de Bill Miller Bar-B-Q Occupational Injury Benefit Plan. Si tiene dificultad en entender cualquier parte de este folleto o quiere obtener una copia del folleto en español, comuníquese con el Director of Personnel en el 301 S. Flores, San Antonio, Texas 78204, (210) 225-4461. El horario de oficina es de 8:00 a.m. a 5:00 p.m., de lunes a viernes.

© Copyright 2019 PartnerSource Rev. 3/1/19 i

TABLE OF CONTENTS

Page

Program Highlights ....................................................................................................... 1

Why did the Company start this Plan? ..................................................................... 1 Who is covered by the Plan? ................................................................................... 1 How does the Plan affect me? ................................................................................. 1 What are the advantages of the Plan? ..................................................................... 1 Is there a waiting period before my wage replacement benefits will begin? ............. 2 When do I need to report my injury? ........................................................................ 2 Who do I report my injury to? ................................................................................... 2 How is medical care handled under the Plan? ......................................................... 2 What if my benefit claim is denied for some reason? ............................................... 3 What if I have other issues related to my injury? ...................................................... 3 What are the advantages of arbitration? .................................................................. 3 Does this Plan directly affect my health insurance or other benefits? ...................... 3 When does this updated Plan take effect? ............................................................... 3

PLAN BENEFITS ............................................................................................................ 4

CASE STUDY ................................................................................................................. 5

How does the Plan work? ........................................................................................ 5

REPORTING AN INJURY .............................................................................................. 6

PROGRAM DETAIL ........................................................................................................ 7

INTRODUCTION ............................................................................................................. 7

NOTICE TO EMPLOYEES CONCERNING WORKERS' ............................................... 7

COMPENSATION IN TEXAS ......................................................................................... 7

ELIGIBILITY ................................................................................................................... 8

COVERED AND NON-COVERED INJURIES ................................................................ 9

Covered Injuries ....................................................................................................... 9 Types of Non-Covered Injuries ................................................................................ 9 Non-Covered Injury Circumstances ....................................................................... 11

REQUESTING BENEFITS ............................................................................................ 14

Notice of Injury ....................................................................................................... 14 Providing Required Information .............................................................................. 14 Good Cause ........................................................................................................... 14

MEDICAL BENEFITS ................................................................................................... 15

Covered Charges ................................................................................................... 15 Non-Covered Charges ........................................................................................... 18 Treatment Prior to Denial ....................................................................................... 18 Medical Provider Referrals ..................................................................................... 18 No Interference with Patient-Provider Relationship ................................................ 19 Medical Records Review or Independent Medical Examination ............................. 19

© Copyright 2019 PartnerSource Rev. 3/1/19 ii

Page

Your Right to a Second Medical Opinion ............................................................... 19 When Medical Benefits Cease ............................................................................... 19

WAGE REPLACEMENT BENEFITS ............................................................................ 20

Eligibility ................................................................................................................. 20 When Wage Replacement Benefits Begin ............................................................. 20 When Wage Replacement Benefits Begin ............................................................. 21 When Wage Replacement Benefits Cease ............................................................ 21

DISMEMBERMENT BENEFITS ................................................................................... 22

DEATH BENEFITS ....................................................................................................... 23

CONTINUING BENEFITS ............................................................................................. 24

Suspension or Termination .................................................................................... 24 Suspension or Termination Subject to Good Cause and Written Warning ............. 24

DETAILED CLAIM PROCEDURES .............................................................................. 25

Filing a Claim for Benefits ...................................................................................... 25 Timing of Notice of Initial Adverse Benefit Determination ...................................... 27 Manner and Content of Adverse Benefit Determinations ....................................... 30 Filing an Appeal ..................................................................................................... 31 Appeal Committee Review ..................................................................................... 32 Timing of Notice of Benefit Determination on Review ............................................ 33 Manner and Content of Benefit Determination on Review ..................................... 33 Standards for Culturally and Linguistically Appropriate Notices ............................. 34 Extension of Time Frames Allowed by Law or Agreement ..................................... 35 Exhaustion of Administrative Remedies ................................................................. 35

VOLUNTARY FINAL COMPROMISE AND SETTLEMENT ......................................... 35

OFFSET, REIMBURSEMENT, AND RECOVERY OF BENEFIT ................................. 35

Offset for Other Benefits ........................................................................................ 35 Coordination of Benefits ......................................................................................... 36 Subrogation and Reimbursement Rights ............................................................... 37 Notice of Legal Proceedings .................................................................................. 38 Assignment of Rights ............................................................................................. 39 Right to Receive and Release Necessary Information ........................................... 39

APPLICABLE LAW ...................................................................................................... 39

AMENDMENT OR TERMINATION OF PLAN .............................................................. 40

DEFINITIONS ............................................................................................................... 41

Adverse Benefit Determination .............................................................................. 41 Appeals Committee ................................................................................................ 41 Approved Facility ................................................................................................... 41 Approved Medical Provider .................................................................................... 42 Approved Physician ............................................................................................... 42 Beneficiary ............................................................................................................. 42 Claims Administrator .............................................................................................. 43

© Copyright 2019 PartnerSource Rev. 3/1/19 iii

Page

Course and Scope of Employment ........................................................................ 43 Disabled or Disability.............................................................................................. 44 Emergency Care .................................................................................................... 44 Good Cause ........................................................................................................... 45 Gross Misconduct .................................................................................................. 45 Major Contributing Cause ...................................................................................... 45 Maximum Benefit Limit ........................................................................................... 45 Maximum Rehabilitative Capacity .......................................................................... 45 Medically Probable or Medical Probability .............................................................. 45 Transitional Duty .................................................................................................... 46 Plan ........................................................................................................................ 46 Plan Administrator .................................................................................................. 46 Post-Service Claim................................................................................................. 46 Preexisting Condition ............................................................................................. 46 Pre-Injury Pay ........................................................................................................ 46 Pre-Service Claim .................................................................................................. 47 Principally Located ................................................................................................. 47 Representative ....................................................................................................... 47 Traumatic Event ..................................................................................................... 47 Urgent Care Claim ................................................................................................. 47 Usual and Customary............................................................................................. 48

GENERAL INFORMATION .......................................................................................... 48

Type of Plan and Administration ............................................................................ 48 Name and Address of Plan Sponsor ...................................................................... 48 Name and Address of Plan Administrator .............................................................. 49 Name and Address of Person Designated as Agent for Service of Legal Process 49 Employer and Plan Identification Numbers ............................................................ 49 Plan Year ............................................................................................................... 49

ERISA RIGHTS STATEMENT ...................................................................................... 49

Receive Information About Your Plan and Benefits ............................................... 49 Prudent Actions by Plan Fiduciaries ...................................................................... 49 Enforce Your Rights ............................................................................................... 50 Assistance with Your Questions ............................................................................. 50

APPENDIX A - ARBITRATION OF CERTAIN INJURY-RELATED DISPUTES

APPENDIX B - RECEIPT, SAFETY PLEDGE AND ARBITRATION ACKNOWLEDGEMENT

APPENDIX C - PARTICIPATING EMPLOYERS

© Copyright 2019 PartnerSource Rev. 3/1/19 1

Program Highlights Why did the Company start this Plan?

Bill Miller Bar-B-Q Enterprises, LTD. (the "Company") created the Bill Miller Bar-B-Q Occupational Injury Benefit Plan (the "Plan") because we wanted a better administrative system for helping employees who are hurt at work.

We believe that the Texas Workers' Compensation System does not provide employees with the most efficient process for assisting those employees who sustain a work-related injury. Therefore, we have developed a program to provide more efficient, quality, and effective care than the care afforded by the current workers’ compensation system. Many other businesses across Texas have adopted similar programs for their employees.

This approach has worked well for the Employer and its employees in the past. With this updated program, effective March 1, 2019, we believe it can work even better now.

Who is covered by the Plan?

All Texas employees of Bill Miller Bar-B-Q Enterprises, LTD. and its participating employers, as listed in Appendix C, will be covered by this program. For the purposes of this Plan, these companies are individually and collectively referred to as “Employer”.

How does the Plan affect me?

If you are injured on the job, the Employer will provide you with many benefits under the Plan, including paying for your covered medical care and making sure you receive a paycheck if you need to stay at home to recover. The Employer pays the entire cost of the Plan.

What are the advantages of the Plan?

We believe the Plan better fits your needs in several ways, including:

• Access to medical providers that (in some cases) won’t accept patients covered by workers’ compensation.

• Faster handling of your injury benefit claims. • More personalized attention to you if you are hurt on the job.


Is there a waiting period before my wage replacement benefits will begin?

No. Instead of the seven-day waiting period that is required by Texas Workers' Compensation, the Plan starts replacing your wages with a paycheck from the first full calendar day that you miss work.

When do I need to report my injury?

All accidents and injuries will need to be reported immediately – no matter how minor the accident or injury appears to be. You will not get in any trouble for reporting! In fact, your injury might otherwise get worse, and we want you to receive the medical care you need.

• For an injury due to an accident, you must report your injury by the end of the workshift for the date of the Injury.

• For an injury due to an occupational disease, you must report your injury by the earliest of:

o 24 hours after you are medically diagnosed with an occupational disease, or

o 30 calendar days from the date you should have known of your occupational disease or cumulative trauma.

Who do I report my injury to?

You should report your injury to your manager on duty. How is medical care handled under the Plan?

To receive Plan benefits, you may only use physicians, hospitals and clinics that have been approved by the Claims Administrator (“Approved Medical Providers”).

• These Approved Medical Providers have been chosen for their ability to provide

occupational injury medical services.

• If you are not satisfied with the decision or diagnosis by an approved physician, you can get a second medical opinion from another physician (as described later in this booklet).

You must also receive your first medical treatment from an Approved Medical Provider within 14 calendar days after the date you report your accident and/or injury.


What if my benefit claim is denied for some reason?

You have the opportunity to file an appeal with a separate Appeals Committee. On appeal, the Appeals Committee will conduct an independent review of the claim and you can submit additional information supporting payment of the claim.

What if I have other issues related to my injury?

This program includes arbitration procedures to resolve other injury-related disputes between you and the Employer quickly and fairly. Arbitration is a process in which a skilled, independent arbitrator (similar to a judge) hears both sides of the situation and then makes a final and binding decision.

What are the advantages of arbitration?

Protected Rights Arbitration offers the same fundamental protections as a court of law. And the arbitrator, just like a judge or jury, may award you anything you might seek through a court of law.

Fast Decisions When a problem is taken to court, it often takes years to conclude. During that time, your time, money and energy that could be better used are tied up with paying expensive legal fees and court costs, having delays and wading through endless paperwork. But with arbitration, hearings can often be scheduled within a month or so of your request and decisions can be reached in just a few months.

Fair Decisions Courts hear all types of cases ranging from car accidents to divorces. Judges and juries do not specialize in solving work-related problems. But arbitrators do. More importantly, the arbitrator is objective and does not have any relationship with the Employer.

Does this Plan directly affect my health insurance or other benefits?

No. This Plan is a separate program from your health insurance and other benefits and applies only when injuries happen on the job. When does this updated Plan take effect?

It is effective for all work-related injuries involving Texas employees that occur on or after March 1, 2019.


PLAN BENEFITS Maximum Benefit Limit

Maximum amount for $200,000 per employee all benefits combined $500,000 per occurrence for a work-related injury Medical Benefits

Pays for care from 100% of covered charges Approved Medical Providers for up to 120 weeks

for a work-related injury Wage Replacement Benefits

Pays you weekly income Starting on the first full calendar day of if you have to miss work for a disability pays 85% of your "lost work-related injury wages” for up to 120 weeks Pays up to $1,050 per week Death Benefits

Provides payment to $75,000 (paid 20% down eligible beneficiaries if you and remainder over 35 months) have a work-related death Burial Benefit

Provides reimbursement for Up to $10,000 burial expenses Dismemberment Benefits

Provides a payment Up to $75,000, based upon the for loss (or loss of use) severity of the injury (paid 20% down and of a member of the body remainder over 35 months) Please see the Program Detail section of this booklet for a more complete description of benefits, taxation issues, applicable exclusions, and limitations and requirements you must satisfy in order to receive benefits.


CASE STUDY How does the Plan work?

Take a look at the example below to see how the Plan's benefits might work if you have an injury.

Pat suffers a back injury. Pat, who earns $500 a week, is not able to return to work until three weeks after the accident. Pat's total covered medical charges following the accident are $3,000.

The Bottom Line

In this example, Pat would be eligible to receive $4,275 under the Plan.

Pat would receive:

$3,000 in Medical Benefits (100% of all covered medical charges) $1,275 in Wage Replacement Benefits (85% of lost wages for the three weeks of

disability).

Of course, Pat's case is just an example and might not be like your situation at all if you're injured on the job. You may be entitled to receive more or less benefits than those provided in this example, depending on the severity of your injury and other factors.

This example simply illustrates what a difference having great benefit protection under the Plan can make in certain situations.


REPORTING AN INJURY What should I do if I am injured on the job?

The Employer has set up procedures to make sure you receive treatment for your injuries in an efficient, quick manner. By following these and other Plan rules, your covered medical bills can be paid and your paycheck can continue even if you need to stay at home to recover. More detailed information on these procedures is found later in this booklet.

1. Report Your Injury Immediately

For an injury due to an accident, you must report your injury to your manager on duty by the end of the workshift for the date of the Injury. Don't wait! Your injury might get worse and we want to help you.

2. Complete an Incident Report

You must complete a report by the end of the workshift for the date of the Injury. You and the Employer will then work together to investigate your claim.

3. Use Approved Medical Providers for Medical Treatment

In order to receive injury benefits, you must use physicians, hospitals, clinics and other health care providers and facilities that have been approved by the Plan's Claims Administrator. You must also receive your first medical treatment from an Approved Medical Provider within 14 calendar days after you report the accident and/or injury.

4. Submit to a Drug and/or Alcohol Screen

If you are injured on the job, you may be required to submit to a drug and/or alcohol test, in accordance with the Employer's substance abuse policy.

5. Follow the Approved Physician’s Orders

You must follow the approved physician's instructions and keep all scheduled appointments with health care providers.

6. Keep the Employer Informed

You must keep the Employer informed about your return to work status, including any changes in your work restrictions. We will look forward to welcoming you back as soon as the treating physician issues a medical release saying you are able to return to full or Transitional Duty.


PROGRAM DETAIL INTRODUCTION

Bill Miller Bar-B-Q Enterprises, LTD. (the "Company") is committed to providing loss of income protection and helping you pay medical expenses that might otherwise present a financial burden to you if you are injured on the job. To accomplish this, the Company has implemented a benefit program called the Bill Miller Bar-B-Q Occupational Injury Benefit Plan (the "Plan"). All Texas employees of Bill Miller Bar-B-Q Enterprises, LTD., its participating employers, as listed in Appendix C, will be covered by this program. This booklet has been prepared to help you understand your benefits under the Plan. Please read it carefully.

If any conflict arises between the information contained in this booklet and the provisions of the formal Plan document, the Plan document will control. Certain terms used in this booklet are capitalized and defined in the DEFINITIONS section of this booklet. Except as otherwise provided in this booklet, benefits and other requirements described in this booklet are effective for all covered Injuries occurring on or after March 1, 2019. References in this booklet to “you” or “your” shall mean a person who satisfies the requirements of the ELIGIBILITY section of this booklet.

NOTICE TO EMPLOYEES CONCERNING WORKERS' COMPENSATION IN TEXAS

The following notice is being provided in English and Spanish as required by Texas law:

COVERAGE: Bill Miller Bar-B-Q Enterprises, LTD. and its participating employers do not have workers’ compensation insurance coverage. As an employee of a non-covered employer, you are not eligible to receive workers’ compensation benefits under the Texas Workers’ Compensation Act. However, a non-covered (non-subscribing) employer can and may provide other benefits to injured employees. You should contact your employer regarding the availability of other benefits for a work-related injury or occupational disease. In addition, you may have rights under the common law of Texas should you have an on the job injury or occupational disease. Your employer is required to provide you with coverage information, in writing, when you are hired or whenever the employer becomes, or ceases to be, covered by workers’ compensation insurance. SAFETY VIOLATIONS HOTLINE: The Division has established a 24-hour toll-free telephone number for reporting unsafe conditions in the workplace that may violate occupational health and safety laws. Employers are prohibited by law from suspending, terminating, or discriminating against any employee because he or she in good faith reports an alleged occupational health or safety violation. Contact the Division at 1-800-452-9595.


This notice applies to all Employers participating in the Plan.

COBERTURA: Bill Miller Bar-B-Q Enterprises, LTD. y sus empleadores participantes no cuentan con una cobertura de seguro de compensación para trabajadores. Como empleado de un empleador que no cuenta con una cobertura, usted no es elegible para recibir beneficios de compensación para trabajadores bajo la Ley de Compensación para Trabajadores de Texas. Sin embargo, un empleador no cubierto (no suscriptor) puede y debe proporcionar otros beneficios a los empleados lesionados. Usted debe comunicarse con su empleador para obtener información sobre la disponibilidad de otros beneficios por una lesión o enfermedad ocupacional relacionada con el trabajo. Además, usted podría tener derechos bajo la ley de “Derecho Común de Texas” (Common Law of Texas, por su nombre en inglés), en caso de que usted llegara a sufrir una lesión o enfermedad ocupacional relacionada con el trabajo. Su empleador tiene la obligación de proporcionarle a usted información por escrito sobre la cobertura cuando usted es contratado o cuando su empleador adquiere o deja de tener una cobertura de seguro de compensación para trabajadores.

LÍNEA DIRECTA PARA REPORTAR VIOLACIONES DE SEGURIDAD: La División cuenta con una línea gratuita telefónica que está en servicio las 24 horas del día para reportar condiciones inseguras en el área de trabajo que podrían violar las leyes ocupacionales de salud y seguridad. La ley prohíbe que los empleadores suspendan, despidan o discriminen en contra de cualquier empleado porque él o ella de buena fe reporta una alegada violación ocupacional de salud o seguridad. Comuníquese con la División al teléfono 1-800-452-9595.

Este aviso se aplica a todas las Empresas participantes en el Plan.

Your Injury Benefit Plan: The Employer DOES PROVIDE to all Texas employees, without cost, the Plan described in this booklet.

Our Safety Program: Our success largely depends upon you following all of our safety rules and procedures and immediately notifying your supervisor first of any unsafe working condition, safety violation or on-the-job injury, no matter how minor. As mentioned above, you will not be suspended, terminated, or discriminated against because you in good faith report an unsafe working condition, on-the-job injury or potential occupational health or safety violation.

ELIGIBILITY

You automatically become a participant in the Plan if you are an employee of the Employer and your employment with the Employer is Principally Located within the State of Texas. You must be either:

A person who is employed in the regular business of, is under the direction and control of, and receive your pay by means of a salary, wage or commission directly from, the Employer and for whom the Employer files a Form W-2 with the Internal Revenue Service; or


A person determined to be a common law employee of the Employer by a court of competent jurisdiction or arbitrator.

This Plan does not cover a leased employee, a temporary staffing employee, an independent contractor or other third-party agent.

COVERED AND NON-COVERED INJURIES

Covered Injuries

The Plan pays benefits only on account of an "Injury." An "Injury" means identifiable damage or harm to the physical structure of the body (or mental or emotional state with respect to a Traumatic Event) resulting from either an Accident or Occupational Disease. Any such damage or harm must directly and solely result from your Course and Scope of Employment with the Employer (see the DEFINITIONS section of this booklet).

An "Accident" means an event involving factors external to you that:

• Was sudden, unplanned and unexpected; and

• Occurred at a specifically identifiable time and place.

The term “Accident” shall include a Traumatic Event (for example, a robbery) or a known Occupational Disease exposure (for example, a needlestick puncture).

An "Occupational Disease" means a condition that is (1) marked by a pronounced deviation from your normal healthy state arising out of your assigned duties in your Course and Scope of Employment and (2) causes damage or harm to the physical structure of the body.

• Occupational Disease includes other diseases or infections that naturally result from the work-related disease.

• Occupational Disease does not include ordinary diseases of life to which the general public is exposed outside of your assigned duties in your Course and Scope of Employment.

Any such damage or harm must directly and solely result from your Course and Scope of Employment with the Employer (see the DEFINITIONS section of this booklet. In order to be subject to the provisions of this booklet, the date of the Injury must be on or after March 1, 2019.

Types of Non-Covered Injuries

The term "Injury," as used in this booklet, does not include:

Any strain, degeneration, damage or harm to, or disease or condition of, the eye or musculoskeletal structure, or other body part resulting from:


• Poor or inappropriate posture;

• The natural results of aging;

• Osteoarthritis, arthritis, or degenerative process; or

• Other circumstances prescribed by the Claims Administrator which do not directly and solely result from your Course and Scope of Employment.

Diagnostic labels which imply generalized musculoskeletal aches and pains in the absence of any demonstrable primary pathophysiology, such as Fibrositis, Fibromyalgia, Myofascial Pain Syndrome, Myositis, or Chronic Fatigue Syndrome;

Except to the limited extent provided with respect to a Traumatic Event, any mental injury, emotional distress, mental trauma or similar injury to your mental or emotional state, including, without limitation:

• Any physical manifestations resulting from such mental or emotional state; and

• Any mental or emotional damage or harm that arises primarily from a personnel action, including, but not limited to, a transfer, promotion, demotion or termination of employment or other disciplinary action.

Damage or harm to the physical structure of the body, such as carpal tunnel syndrome, occurring (or alleged to have occurred) as the result of repetitious, physically traumatic activities that occur over time;

Damage or harm resulting from airborne contaminants not commonly found in the Employer's normal working environment, including, but not limited to, pollen, fungi, and mold;

Damage or harm resulting from job stress;

Any heart attack, stroke, or aneurysm (an "attack"), unless:

• The attack can be identified as:

o Occurring at a definite time and place; and

o Proximately caused by, and arose out of, an Accident occurring in the Course and Scope of Employment.

• In all Medical Probability your Course and Scope of Employment rather than the natural progression of a preexisting heart condition or disease was the Major Contributing Cause of the attack; and

• The attack was not triggered solely by emotional or mental stress factors, unless it was precipitated by a sudden work-related stimulus.


Hernia, unless such hernia:

• Appeared suddenly and immediately following the Injury;

• Was accompanied by pain; and

• In all Medical Probability your Course and Scope of Employment was the Major Contributing Cause of the hernia.

Any Preexisting Condition, except to the limited extent (if any) that an Approved Physician clearly confirms an identifiable and significant aggravation that incurred in the Course and Scope of Employment. Subject to medical management, coverage for such aggravation can be provided if:

• An Approved Physician identifies that, in all Medical Probability, the Preexisting Condition has been aggravated; and

• The Preexisting Condition was not the Major Contributing Cause of the aggravation.

Non-Covered Injury Circumstances

Furthermore, no benefits will be payable under the Plan if:

The Injury occurred while you were in a state of intoxication, or had otherwise lost the normal use of your mental or physical faculties as a result of the use of a drug or alcohol. For this purpose, you shall be deemed to have been in a state of intoxication at the time of the Injury if any drug or alcohol test required by the Employer following the Injury finds a violation of the Employers substance abuse policy;

• If you are found to have been in a state of intoxication, refuse to undergo the drug and alcohol testing required by the Employer, or otherwise violate the Employers substance abuse policy, there shall be a rebuttable presumption that you were intoxicated or otherwise did not have the normal use of your mental or physical faculties at the time of the Injury.

• The presumption in the above paragraph may only be overcome if you prove by a preponderance of the evidence that at the time of the Injury, you were not intoxicated or had not otherwise lost the use of your mental or physical faculties as a result of a drug or alcohol.

The Injury occurred under circumstances where your employment did not place you at a greater risk of Injury than you would have been exposed to as a member of the general public;

The Injury is treatable by medical care that is reasonable and of a form that an ordinary prudent person in the same or similar circumstances would undergo, and you have not availed yourself of such treatment;


The Injury was caused by your willful intention or attempt to injure yourself or another person, whether you were sane or insane;

The Injury occurred while you were employed in violation of any law;

Your horseplay, fighting, or similar inappropriate behavior was a proximate cause of the Injury;

The Injury arose out of an act of a third person intended to injure you because of personal reasons and not directed at you as an employee or because of your employment;

The Injury arose out of your participation in a recreational, social or athletic activity not constituting part of your Course and Scope of Employment, except where these activities are expressly required in writing by the Employer (more than an invitation or request to participate or attend);

The Injury arose out of an act of God, unless your employment exposes you to a greater risk of Injury from an act of God than ordinarily applies to the general public;

The alleged Injury is feigned or an attempt to defraud the Employer;

The Injury was directly, or indirectly contributed by, resulting from, or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence of the loss:

• War, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, revolution, rebellion, insurrection, uprising, military or usurped power, confiscation by order of any public authority or government de jure or de facto, martial law; or

• Riots, strikes, or civil commotion.

This exclusion also excludes from coverage all actual or alleged injuries directly or indirectly arising out of, contributed by, caused by, resulting from, or in connection with any action taken in controlling, preventing, suppressing, retaliating against or responding to the above.

The Injury arose out of your participation in:

• A felony or an assault, except an assault committed in defense of the Employer's business or property;

• Any act of terrorism;

• Any illegal act; or


• Service in the military of any country or any civilian non-combatant unit serving with such forces.

The Injury arose out of any act of terrorism not “certified,” as defined under the Terrorism Risk Insurance Act of 2002;

Any damage or harm arising out of the use of or caused by:

• Asbestos, asbestos fibers or asbestos products;

• The hazardous properties including radioactive, toxic or explosive properties, of nuclear material or biological contaminants;

• Lead or lead based products; or

• Any and all medical conditions that are associated with silica related conditions, including exposure to any and all material, which also is known as silica dust, exposures to respirable crystalline silica, exposure to silicosis, exposure to material that may cause lung cancer, pulmonary tuberculosis, and airway diseases, autoimmune disorders, chronic renal disease, or other health conditions that are associated with exposure to silica based materials.

The Injury arose or was alleged to have resulted from the following common law causes of action by you:

• Breach of any contract of employment, whether written, oral or implied;

• Breach of duty of good faith and fair dealing;

• Breach of any non-competition agreements;

• Tortious interference with contractual relations;

• Negligent or intentional infliction of emotional distress;

• Negligent hiring, negligent promotion, or negligent retention; or

• Claims based on assault and battery, defamation, invasion of privacy, false light publicity, negligent invasion of privacy, misrepresentation, fraud, false imprisonment, false arrest, malicious prosecution, unreasonable search or retaliatory discharge.

The Injury arose out of your participation in the commission, or attempted commission, of any crime;

The Injury arose or was alleged to have resulted from employment relationships including, without limitation, claims for any type of discrimination, discharge, coercion, criticism, demotion, reassignment, discipline, defamation, harassment, humiliation, sexual harassment, claims arising under the U.S. Americans with Disabilities Act,


claims arising out of the Texas Labor Code, and all other claims affecting or arising out of the employment relationship whether arising out of state or federal statutes or regulations or the common law (except as otherwise specifically covered in this Plan).

REQUESTING BENEFITS

The following is a summary of the procedures for requesting benefits under this Plan. Also see the DETAILED CLAIM PROCEDURES in the next section of this booklet.

Notice of Injury

You (or your Representative) must provide notice of an Injury immediately to your manager on duty.

For an Injury due to an Accident, notice must be provided by the end of the workshift for the date of the Injury.

For an actual Injury due to Occupational Disease, this notice must be provided by the earlier of the following: (1) 24 hours after being medically diagnosed with an Occupational Disease, or (2) 30 calendar days after you should have known of the Occupational Disease whichever is earlier.

Providing Required Information

You (or your Representative) must complete an incident report form and medical authorization form by the end of the workshift for the date of the Injury.

These forms must be submitted to your manager on duty (or such other person as the Claims Administrator may specify).

You must also provide verbal, written, or recorded statements, and provide such proof

and demonstrations (relating to the Injury or any prior or subsequent damage or harm you suffered, in or out of the Course and Scope of Employment), in such manner and within such periods, as the Claims Administrator may direct from time-to-time.

Initial Medical Treatment You must receive medical treatment from an Approved Medical Provider within 14 calendar days after you report the Accident and/or Injury.

Good Cause

No benefits will be payable under the Plan if notice of Injury and required information is not provided as required above, unless the Claims Administrator determines that Good Cause exists.


MEDICAL BENEFITS

Subject to the medical management provisions in this section and the other provisions of this Plan, the Plan pays medical benefits for an Injury in an amount equal to 100% of all Covered Charges.

Covered Charges

The cost of a medical service or supply is a Covered Charge if it satisfies the following requirements: The medical service or supply is medically necessary, based on the nature of the

Injury as and when provided, and does one or more of the following:

• Cures or relieves the effects naturally resulting from the Injury;

• Promotes recovery from the Injury; or

• Otherwise enhances your ability to return to or retain employment following the Injury.

The medical service or supply is furnished by or under the direction of an Approved Medical Provider, acting within the scope of the Approved Medical Provider’s license, unless:

• The medical service or supply is provided as Emergency Care;

• The Claims Administrator receives notification of such Emergency Care 24 hours of the time you receive Emergency Care; and

• After receiving primary Emergency Care, subsequent treatments are provided by, or at the direction of, an Approved Medical Provider.

o An Emergency Care determination solely relates to consideration of an exception to the Plan’s Approved Medical Provider requirements. Any decision by you to seek treatment from an urgent care clinic or hospital emergency room does not necessarily involve Emergency Care.

o An Emergency care determination shall be made within the sole administrative discretion of the Claims Administrator or Appeals Committee, with such advice and consultation from an Approved Physician as the Claims Administrator or Appeals Committee deems appropriate.

The medical service or supply is pre-authorized by the Claims Administrator in the following manner (except where the Claims Administrator determines that prior approval was impossible under the circumstances):


• Covered Charges That Can Be Verbally Authorized. Subject to the restrictions and limitations set out elsewhere in this booklet, Covered Charges that can be verbally authorized will include the cost of the following:

o Approved Physician visits - at an Approved Facility (including charges for an emergency room), Approved Physician's office, or in the case of home health care, at your home. Such Covered Charges shall also include (1) charges for a registered nurse, x-rays, and laboratory tests conducted as part of an Approved Physician visit, and (2) second medical opinion services requested by the Claims Administrator;

o Speech, occupational and physical therapy provided by an Approved Physician or a licensed speech therapist, licensed occupational therapist or licensed physical therapist;

o Reasonable travel, meal and lodging expenses related to medical treatment that requires travel greater than 20 miles from your residence (one way), unless the Claims Administrator determines Good Cause exists for travel that is 20 miles or less. Mileage will be reimbursed at the Internal Revenue Service identified “Medical Purposes” rate, as periodically updated;

o Medical supplies approved by the treating Approved Physician, including the following:

• Prescription drugs (generic, unless trade name drugs are requested by an Approved Physician) and over-the-counter drugs such as analgesics prescribed by an Approved Physician;

• Blood and other fluids (other than allergy, insulin, and similar drugs) injected into the circulatory system (but only to the extent not available through any refund or allowance by a blood bank or similar organization);

• Oxygen and its administration;

• Upon the written advice or prescription of an Approved Physician and only if obtained from an Approved Facility, rental or purchase of a wheelchair, assisted breathing apparatus, or other mechanical equipment necessary for the treatment of respiratory paralysis, and similar internal or external durable medical equipment designed primarily for therapeutic purposes;

• Surgical dressings, bandages, splints, casts, crutches, syringes, needles, trusses, and braces dispensed by an Approved Medical Provider; and

• Similar medical supplies approved by the Claims Administrator.

o Professional ground ambulance service, or if no other means of transportation can reasonably suffice to deliver the individual to the closest appropriate Approved Facility, air ambulance, regularly scheduled railroad, or airlines;


o Eyeglasses or contact lenses: one pair per Injury, inclusive of professional office visit charges;

o External hearing aid: one pair per Injury, inclusive of professional office visit charges; and

o Orthotics, arch supports, corrective shoes, special bras or girdles, corrective appliances, prosthesis, or any similar item.

• Covered Charges Requiring Written Authorization. Subject to the restrictions and limitations set out elsewhere in this Plan, Covered Charges shall also include the cost of the following so long as the Claims Administrator specifically approves such charges in advance and in writing (including electronic notice):

o Admission to a hospital or other Approved Facility on an inpatient or outpatient basis, including semi-private room and board, ambulatory day surgery, anesthesia and its administration, and similar services;

o MRI, CAT Scan, nuclear medicine, radiology and pathology (including interpretive services) and similar testing;

o Inpatient rehabilitation services provided in a medical rehabilitation hospital;

o Limited or temporary pain management services (for example, epidural steroid injections), but not including pain management programs;

o Surgery that restores a reasonable, normal pre-Injury functioning;

o Services of a dentist or licensed oral surgeon for treatment and repair of broken teeth, fractures and dislocations of the jaw, or the replacement of teeth (excluding temporomandibular junction dysfunction services);

o Home health care (with respect to physical needs only);

o Skilled nursing care, provided that an Approved Physician monitors your progress at least once during each 30-day period of confinement;

o Mental health services, but only when such services are provided for mental or emotional damage or harm resulting from you being the victim of, or witness to, a Traumatic Event occurring during your Course and Scope of Employment; and

o Services rendered primarily for training, testing, evaluation, counseling, or educational purposes.


Non-Covered Charges

While the Plan provides benefits for many medical expenses, the following expenses are not covered by the Plan:

Expenses that exceed any fee schedule adopted by the Claims Administrator or the Usual and Customary charge for the same or similar treatment, services or supplies in your geographic area;

Services or supplies to which your condition is persistently nonresponsive;

Acupuncture, behavior modification, hypnosis, biofeedback, other forms of self-care or self-help training or any related diagnostic testing, or any service or supply ancillary to any of these treatments;

Chiropractic treatment, chiropractic therapy or spinal manipulation services;

Substance abuse services;

Pain management programs;

Charges for the purchase, rental or repair of bedding, or environmental control devices, including, but not limited to, an air conditioner, humidifier, dehumidifier, or air purifier, and charges for jacuzzis, saunas, vans, or permanent structural changes to your residence or moving expenses; and

Charges for services performed by an immediate family member.

Treatment Prior to Denial

Any provision of this Plan to the contrary notwithstanding, the Employer may render first aid, or the Plan may pay for Emergency Care, pay Wage Replacement Benefits or pay for a medical evaluation or treatment, and the Plan can still make a subsequent determination that you have not suffered a covered Injury or otherwise deny any or all further benefits under the provisions of this Plan.

Medical Provider Referrals

If the treating Approved Physician finds it necessary to refer you to another health care provider, the treating Approved Physician must notify you and the Claims Administrator of his or her desire to make the referral and the objectives of such referral. The Claims Administrator will provide advance approval or disapproval of all referrals (and may rescind any such approval at any time) based upon such criteria as the Claims Administrator may determine for the effective administration of the Plan.


No Interference with Patient-Provider Relationship

Although benefits under this Plan are conditioned on your use of only Approved Medical Providers, you remain entitled to seek any medical care that you deem appropriate from any health care provider of your choice at your own expense. However, any medical expenses for this medical care will not be payable under this Plan. The Employer, Claims Administrator, Appeals Committee, and their agents and delegates, shall not have any responsibility for the actual medical or other health care services provided by any Approved Medical Provider or other designated health care service provider. Health care providers are not agents of the Plan, Employer, Claims Administrator, or Appeals Committee. The actual medical treatment or rehabilitation of any Injury remains the sole prerogative and responsibility of the attending Approved Physician and other health care providers based on their independent judgment for the provision of health care.

Medical Records Review or Independent Medical Examination

The Plan reserves the right to require a medical records review or independent medical examination (IME) from an Approved Physician selected by the Claims Administrator for purposes of determining benefits under this Plan. The Claims Administrator will weigh the findings of the treating Approved Physician and the Approved Physician providing the medical records review or IME and make a benefit determination under the Plan. Your Right to a Second Medical Opinion

If you disagree with the diagnosis or treatment recommended by the Approved Physician whose opinion is accepted by the Claims Administrator ("Physician A"), then you may request a second medical opinion. You must notify the Claims Administrator in advance of receiving any second medical opinion in order for this opinion to be considered by the Plan. If you provide advance notice to the Claims Administrator, then you shall have the right to a one-time examination at your own expense by another physician ("Physician B"). This examination by Physician B will be solely for the purpose of evaluating your condition and making a treatment recommendation.

If the diagnosis and treatment recommended by Physician B is contrary to that of Physician A, then the Claims Administrator shall designate a peer review physician who will evaluate the medical records and advise the Claims Administrator, and who may designate another Approved Physician for a further medical examination. If you refuse to be so examined, all benefits under the Plan may be suspended.

The diagnosis and/or recommended treatment of the peer review physician or this last Approved Physician will be controlling. The fees and related expenses of the peer review physician and this last Approved Physician will be paid by the Plan (although you will have the option of paying up to one-half of such fees and expenses).

When Medical Benefits Cease

Medical Benefits will cease upon the earliest of:


The expiration of 120 weeks from the date of the Injury;

The date you reach the Maximum Benefit Limit;

Involuntary termination of your employment with the Employer for Gross Misconduct;

The date you do not receive medical treatment from an Approved Medical Provider for a period of more than 90 calendar days, unless the Claims Administrator determines that Good Cause exists or as otherwise specified in this booklet;

The date you reach Maximum Rehabilitative Capacity; or

The date you fail to comply with the requirements specified under the CONTINUING BENEFITS section of this booklet.

WAGE REPLACEMENT BENEFITS

Eligibility

Subject to the medical management and other provisions of this Plan, if an Approved Physician (or a physician who provided you Emergency Care as determined by the Claims Administrator) determines that you are Temporarily Totally Disabled or Temporarily Partially Disabled due to a covered injury, the Plan will pay Wage Replacement Benefits in accordance with the following provisions: When Wage Replacement Benefits Begin

“Temporary Totally Disabled” or “Temporary Total Disability” means a medically demonstrable anatomical or physiological abnormality caused by an Injury, which causes you to be temporarily:

• Unable to perform the normal duties for which you were employed;

• Under the regular care of an Approved Physician; and

• Unable to engage in Modified Duty or any other occupation for wage or profit.

“Temporary Partially Disabled” or “Temporary Partial Disability” means a medically demonstrable anatomical or physiological abnormality caused by an Injury that results in you being temporarily:

• Unable to fully perform the normal duties for which you were employed;


• Released by an Approved Physician to work a Modified Duty poisition either for the Employer or at another location designated by the Employer.


When Wage Replacement Benefits Begin

Temporary Total Disability. From the first full calendar day that you become Temporarily Totally Disabled due to a covered Injury, the Plan shall pay Wage Replacement Benefits equal to 85% of your Pre-Injury Pay.

Temporary Partial Disability. From the first full calendar day you become Temporarily Partially Disabled, the Plan shall pay Wage Replacement Benefits equal to 85% of the portion of your Pre-Injury Pay that you are unable to earn (due to the Approved Physician’s restrictions) while working Transitional Duty.

• If you have a Temporary Partial Disability and are released to Transitional Duty, but (i) the Employer has no Transitional Duty position available, and (ii) an Approved Physician has not assigned permanent restrictions and released you to any other gainful employment, then you will be considered to be Temporarily Totally Disabled and Wage Replacement Benefits shall be payable in the manner specified above under “Temporary Total Disability.”

• The Employer’s ability to provide a Transitional Duty position while you are under work restrictions determined by the Approved Physician does not imply or create a permanent Transitional Duty position for the purposes of the Americans with Disabilities Act (“ADA”).

Payment Terms. Wage Replacement Benefits are calculated on a weekly basis, and paid on regular paydays. Payments for portions of a week shall be prorated. Only your normal, scheduled workdays shall be considered in calculating benefits (based upon your employment status as of the date of Injury). Wage Replacement Benefit payments shall be reduced as described in the “Offset For Other Benefits” section of this booklet. Wage Replacement Benefit payments shall not exceed $1,050 per week.

When Wage Replacement Benefits Cease

Wage Replacement Benefits will continue until the earliest of:

The expiration of 120 weeks from the date of the Injury. This 120-week maximum period for Wage Replacement Benefits is calculated continuously from the date of the Injury, regardless of whether or not you qualify as Disabled at all times during such period or receive Wage Replacement Benefits continuously throughout such period;

The date you are determined by the treating Approved Physician to no longer be Disabled, without regard to whether you return to regular or Transitional Duty on that date;

The date that the Maximum Benefit Limit is met;

Termination of all your employment with the Employer; provided, however, that this paragraph will not apply if termination of employment is solely due to:

• Application of a duration limit in the Employer’s leave of absence policy; or


• Elimination of your employment position;

The date you are placed in jail, are deported or detained by or at the request of any government agency or foreign government, have left the local area for an extended period of time, or are similarly unavailable for work; provided, however, that this paragraph shall operate to cease Wage Replacement Benefits only for such period of time that you are unavailable for work;

The date you reach Maximum Rehabilitative Capacity or permanent restrictions have been assigned; or

The date you fail to comply with the requirements under the CONTINUING BENEFITS section below.

DISMEMBERMENT BENEFITS

If you suffer a loss described in the Schedule of Losses below as the direct and sole result of, and within 365 days of, an Injury, then the Plan will pay you an amount equal to the applicable percentage from the schedule below times $75,000; provided, however that this benefit amount shall be reduced to the extent necessary to avoid exceeding the Plan's Maximum Benefit Limit

The Dismemberment Benefit will be paid as follows: (1) 20% will be paid in a lump sum cash payment as soon as administratively possible following the date of loss; and (2) the remainder will be paid in 35 equal monthly installments (without interest) commencing on the first day of the month following the initial lump sum payment.

SCHEDULE OF LOSSES

Loss of: Benefit Amount: Both Hands 100% Both Feet 100% Sight of Both Eyes 100% One Hand and One Foot 100% One Hand and Sight of One Eye 100% One Foot and Sight of One Eye 100% Speech and Hearing 100% One Hand 50% One Foot 50% Sight of One Eye 50% Speech 50% Hearing 50% Finger or Toe (two joints) 10% Finger or Toe (one joint) 5%


If a loss of One Hand is associated with your dominant hand, the above calculated benefit for loss of One Hand shall be increased by an additional 10%.

If you suffer more than one Injury described above from any one Accident, related series of Accidents or Occupational Disease exposure, only one of the applicable Dismemberment Benefits listed above (the largest single amount) will be payable with respect to such Accident or exposure.

Total and permanent loss of use of a member of the body is the same as loss of such member. Prior to payment of the benefit, loss of use must be certified following the care of an Approved Physician for 12 straight months from the date the loss of use began. At the end of this time it must be medically determined by an Approved Physician that the loss of use is total and not reversible.

Loss of Hand or Foot means the complete and permanent severance through or above the wrist or ankle joint. Loss of Sight means legally blind. Such loss correctable by surgery or lenses will not result in payment of a Dismemberment Benefit. Loss of Speech means the total and permanent loss of speech. Loss of Hearing means the total and permanent loss of hearing in both ears.

The above-described loss of "Finger or Toe (two joints)" must be at or above the joint at the proximal end of the middle phalanx of the finger or toe; except that for the thumb or great toe, such loss must be at or above the metacarpophalangeal joint. The above-described loss of "Finger or Toe (one joint)" must be at or above the joint at the distal end of the middle phalanx of the finger or toe; except that for the thumb or great toe, such loss must be at or above the joint at the distal end of the proximal phalanx.

Dismemberment Benefits shall be in addition to Wage Replacement Benefits and Medical Benefits; provided, however, that payment of Dismemberment Benefits will cease in the event of your death, which may result in the payment of Death Benefits.

DEATH BENEFITS

If you die as the direct and sole result of, and within 365 days of, an Injury, then the Plan will pay your Beneficiary a Death Benefit equal to $75,000; provided, however that this benefit amount shall be reduced to the extent necessary to avoid exceeding the Plan's Maximum Benefit Limit.

The Death Benefit will be paid to your Beneficiary as follows: (1) 20% will be paid in a lump sum cash payment as soon as administratively possible following your death; and (2) the remainder will be paid in 35 equal monthly installments (without interest) commencing on the first day of the month following the initial lump sum payment.

Death Benefits will be in addition to Dismemberment Benefits, Wage Replacement Benefits, and Medical Benefits payable with respect to any one Injury; provided, however, that no interest in future Dismemberment Benefits survives after your death if your Beneficiary then becomes entitled to Death Benefits under this Plan.


In addition to the Death Benefits set forth above, the Plan shall reimburse reasonable burial expenses to any person who incurs liability therefore, up to $10,000.

CONTINUING BENEFITS

Suspension or Termination

The Claims Administrator may suspend or terminate the payment of ongoing Plan benefits with respect to a claim under the following circumstances:

You do not submit to any requested drug and/or alcohol testing in accordance with the Employer's substance abuse policy, or do not authorize the Employer to gain access to this information;

You are persistently nonresponsive to treatment, including, but not limited to, nonresponsiveness due to the need for behavioral modification recommended by the Approved Medical Provider;

You are not truthful or you demonstrate bad faith in connection with the administration of the Plan;

A non-work related condition or intervening event subsequent to an Injury prevents continuous care of, prolongs treatment of, or prevents recovery from the Injury;

There is a greater than 90-day lapse since your last treatment with an Approved Medical Provider, unless:

• The Claims Administrator determines that Good Cause exists;

• The Claims Administrator has approved scheduled medical treatment with an Approved Medical Provider during the applicable 90-day period, even if such medical treatment occurs beyond the 90-day period (for example, surgery for hardware removal); or

Additional medical services or supplies are in the form of testing or follow up vaccination with respect to an Injury that involves a potential occupational exposure to a bloodborne pathogen.

Suspension or Termination Subject to Good Cause and Written Warning

The Claims Administrator may suspend or terminate the payment of ongoing Plan benefits with respect to a claim if you violate one or more of the following provisions. Unless the Claims Administrator determines that Good Cause exists, (1) a first violation shall result in a written warning and/or suspension of benefits, and (2) a second violation shall result in termination of Plan benefits:

You do not receive prior approval for all medical care (other than for Emergency Care);


You utilize ongoing or concurrent medical treatment with a non-approved health care provider, with respect to the Injury (other than for Emergency Care);

You refuse to submit to an independent medical examination by an Approved Physician as required by the Claims Administrator with respect to any surgical procedure or other diagnosis or treatment opinion rendered by the treating Approved Physician for which the Claims Administrator considers a second medical opinion advisable;

You do not provide accurate information to, and follow the directions of, a treating Approved Physician. Following the directions of a treating Approved Physician includes, but is not limited to, any recommended treatment, therapy, course of action, abstinence or rehabilitation program;

You do not keep a scheduled appointment with an Approved Medical Provider;

You do not (1) timely inform your manager on duty that you have been released by an Approved Physician to return to full or Transitional Duty, (2) timely report to work in accordance with such work release, or (3) perform Transitional Duty in accordance with the Approved Physician’s assigned work restrictions;

You fail to fully cooperate with the Claims Administrator in connection with providing information to the Plan, including, but not limited to, providing incident reports and relevant medical records, submitting to a recorded statement, and complying with the Plan’s subrogation or coordination of benefits procedures; and

You fail to comply with the provisions of this summary plan description, the official Plan document, and the rules and procedures adopted by the Claims Administrator for the administration of the Plan.

DETAILED CLAIM PROCEDURES

Filing a Claim for Benefits

An initial claim for Medical Benefits, Wage Replacement Benefits, or Dismemberment Benefits under the Plan shall be initiated by you (or your Representative) complying with the injury notice and medical treatment requirements found in the REQUESTING BENEFITS and MEDICAL BENEFITS sections of this booklet. A claim for Medical Benefits can also be directly submitted to the Claims Administrator by a health care provider (for example, submitting a written pre-authorization request for your medical treatment or submitting invoices for medical treatment you have already received). A claim for Death Benefits under the Plan shall be initiated by a Beneficiary providing written or electronic notice of entitlement thereto to the Claims Administrator within 90 days after the date of your death. What is a Claim: Each (1) medical service or supply for which payment is requested,

(2) Wage Replacement Benefit for a particular payroll period, or (3) claim for Dismemberment Benefits or Death Benefits, shall be deemed a separate "claim" for


benefits that is subject to a determination under the Plan. The Plan's payment of a particular claim (for example, payment for an initial medical evaluation, even on a claim that may have been reported late) does not waive or otherwise prejudice the Claims Administrator's or Appeals Committee's right to deny another particular claim or all future claims for benefits under the Plan. Any failure by the Claims Administrator or Appeals Committee to apply any provisions of this Plan to any particular situation shall not represent a waiver of the Claims Administrator's or Appeals Committee's authority to apply such provisions thereafter.

Who is a Claimant: A claimant may file a claim for benefits under the Plan, as well as an appeal of an Adverse Benefit Determination. References in this DETAILED CLAIM PROCEDURES section to "claimant" may include you, a health care provider seeking payment for a service or supply, or a claimant's authorized Representative, as applicable. The Plan shall have the right to establish reasonable procedures for determining whether and to what extent an individual has been authorized to act on your behalf. However, with respect to an Urgent Care Claim, a physician or other health care professional (1) licensed, accredited or certified to perform specified health services consistent with state law, and (2) with knowledge of a claimant’s medical condition shall be permitted to act as the authorized Representative of the claimant.

Information to Submit: Claims must include the information required by the REQUESTING BENEFITS section above and such other reasonable information requested by the Claims Administrator, such as medical records or a written statement from an independent service provider evidencing the date, type of services rendered, and the total cost of such services. In addition, the Claims Administrator may require the claimant to provide a written and signed statement that provides that the amounts requested for payment under this Plan have not been reimbursed, or are not reimbursable under any other plan or program. See the OFFSET, REIMBURSEMENT, AND RECOVERY OF BENEFITS section of this booklet. The Claims Administrator may rely upon all such information furnished by the claimant, including the claimant’s current mailing address, and shall have no obligation or duty to locate a claimant.

Submission of Medical Bills for Payment: Approved Medical Providers shall be requested to invoice all health-care-related charges directly to the Claims Administrator (or the Employer, which shall immediately transmit such invoice to the Claims Administrator). However, in the event that you receive such an invoice or pay such a charge, you must file all requests for payment or reimbursement of covered charges with the Claims Administrator within 30 days from the date such expenses are incurred or, if later, the date you receive an invoice from an Approved Medical Provider, or other health care provider (in the case of Emergency Care) for such expenses.

Incomplete Claim Submissions: If a claim, as originally submitted, is not complete, the Claims Administrator shall notify the claimant in the manner described below, and the claimant shall have the responsibility for providing the missing information. Subject to the applicable provisions of this DETAILED CLAIM PROCEDURES section, if the period of time for a particular claim is extended due to a claimant's failure to submit information necessary to decide a claim, the period for making the benefit


determination shall be suspended from the date on which the notification of the extension is sent to the claimant until the date on which the Claims Administrator receives the claimant's response to the request for additional information.

Impartiality: The Plan shall ensure that all claims and appeals for benefits are determined in a manner designed to ensure independence and impartiality of the persons involved in making the decision. Accordingly, decisions regarding hiring, compensation, termination, promotion, or similar matters with respect to any individual (such as a claims adjuster or medical or vocational expert) shall not be made based upon the likelihood that the individual will support the denial of benefits.

Timing of Notice of Initial Adverse Benefit Determination

An initial benefit determination that approves Plan benefits can be communicated verbally, in writing or by electronic notice. Except as described below with respect to an Urgent Care Claim, an initial benefit determination that is an Adverse Benefit Determination must be provided in writing or by electronic notice. The Claims Administrator shall provide notice to the claimant of its initial benefit determination as follows:

Urgent Care Medical Benefit Claims: In the case of an Urgent Care Claim for Medical Benefits, the Claims Administrator shall notify the claimant of the Plan’s initial benefit determination (whether adverse or not) as soon as possible, taking into account the medical exigencies of the particular claim, but not later than 72 hours after receipt of the claim.

• Notification of an Adverse Benefit Determination for an Urgent Care Claim may be provided to the claimant orally within the timeframes specified above, provided that the oral notification satisfies the requirements of this subsection and that a written or electronic notice satisfying the requirements of this subsection is furnished to the claimant not later than 3 days after the oral notification.

• If the claimant (1) fails to follow the Plan's procedures for filing an Urgent Care Claim, or (2) otherwise fails to provide sufficient information to determine whether, or to what extent, benefits are covered or payable under the Plan on an Urgent Care Claim, then the Claims Administrator shall have the following additional notice requirement. This notice requirement shall only apply to the extent that such failure is a communication by a claimant that is received by the Claims Administrator, and the communication names a specific claimant, a specific medical condition or symptom, and a specific treatment, service or product for which approval is requested.

o The Claims Administrator shall notify the claimant as soon as possible, but not later than 24 hours after its receipt of the claim, of the procedure to follow or the specific information necessary to complete the claim. Notification may be oral, unless the claimant requests written notice.


o The claimant shall then be given a reasonable amount of time, taking into account the circumstances, but not less than 48 hours, to correct such failure.

o The Claims Administrator shall then notify the claimant of the Plan's initial benefit determination as soon as possible, but not later than 48 hours after the earlier of (1) the Claims Administrator's receipt of the specified information necessary to complete the claim, or (2) the end of the time period given the claimant to provide such information.

Concurrent Medical Care Decisions: If the Claims Administrator has approved an ongoing course of medical treatment to be provided over a period of time or number of treatments:

• The Claims Administrator shall notify the claimant of any reduction or termination by the Plan of such course of treatment. Such reduction or termination shall be considered an Adverse Benefit Determination and the Claims Administrator shall notify the claimant sufficiently in advance of the reduction or termination to allow the claimant to appeal and obtain a benefit determination on review before the course of treatment is actually reduced or terminated.

• Any request by a claimant to extend the course of treatment beyond the prescribed period of time or number of treatments previously approved by the Plan that is an Urgent Care Claim will be decided as soon as possible, taking into account the medical exigencies of the claim, as follows:

o The Claims Administrator shall make an initial benefit determination, whether adverse or not, within 24 hours after its receipt of the claim, provided that any such claim is made to the Plan at least 24 hours prior to the expiration of the prescribed period of time or number of treatments.

o Notification of any Adverse Benefit Determination concerning a request to extend the course of treatment, whether involving an Urgent Care Claim or not, shall be made in accordance with the “Manner and Content of Adverse Benefit Determinations” section of the booklet.

Pre-Service Medical Benefit Claims: In the case of a Pre-Service Claim for Medical Benefits, the Claims Administrator shall notify the claimant of the Plan's initial benefit determination (whether adverse or not) within a reasonable period of time appropriate to the medical circumstances, but not later than 15 days after its receipt of the claim.

• If the claimant fails to follow the Plan's procedures for filing a Pre-Service Claim, then the Claims Administrator shall notify the claimant as soon as possible, but not later than 5 days after its receipt of the claim, of the procedure to follow. This notice requirement shall only apply to the extent that such failure is a communication by a claimant that is received by the Claims Administrator, and the communication names a specific claimant, a specific medical condition or symptom, and a specific treatment, service or product for which approval is requested.


• The Claims Administrator may extend the 15-day benefit determination period up to an additional 15 days if it determines that, due to matters beyond the control of the Plan, an initial benefit determination cannot be made within the first 15-day period, and notifies the claimant of the special circumstances requiring the extension and the date by which the Plan expects to render a decision.

• If additional information is necessary to decide the claim, the extension notice shall specifically describe the required information and the claimant shall then be given at least 45 days to provide the specified information. However, the Claims Administrator's timeframe for making a benefit determination shall be suspended until the date upon which the claimant responds to the request for additional information.

Post-Service Medical Benefit Claims and Wage Replacement Benefit Claims: In the case of a Post-Service Claim for Medical Benefits or a claim for Wage Replacement Benefits, the Claims Administrator shall notify the claimant of an Adverse Benefit Determination within 30 days after its receipt of the claim.

• The Claims Administrator may extend this period up to an additional 15 days if the Claims Administrator determines that an extension is necessary due to matters beyond the control of the Plan. Notice of such extension must be provided to the claimant prior to the expiration of the initial 30-day period and state (1) the special circumstances requiring the extension, and (2) the date by which the Plan expects to render a decision.

• If the extension relates to a claim for Wage Replacement Benefits, such notice shall also state (1) the standards on which entitlement to benefits is based, and (2) unresolved issues that prevent a benefit determination on the claim and what additional information is needed to resolve those issues.

• If additional information is requested with the extension notice, the claimant shall have 45 days from the date of the notice of extension to provide the specified information. However, the Claims Administrator's timeframe for making a benefit determination shall be suspended until the date upon which the claimant responds to the request for additional information.

Dismemberment Benefit Claims and Death Benefit Claims: In the case of a claim for Dismember Benefits or Death Benefits, the Claims Administrator shall notify the claimant of an Adverse Benefit Determination with 90 days after its receipt of the claim.

• The Claims Administrator may extend this period up to an additional 90 days if the Claims Administrator determines that an extension is necessary due to matters beyond the control of the Plan.

• Notice of such extension must be provided to the claimant prior to the expiration of the initial 90-day period and state (1) the special circumstances requiring the extension, and (2) the date by which the Plan expects to render a decision.


Manner and Content of Adverse Benefit Determinations

If the initial benefit determination is an Adverse Benefit Determination, the Claims Administrator shall provide a written or electronic notice to the claimant. Any electronic notice shall comply with ERISA regulations that specify the standards for electronic disclosure of benefit plan information.

General Requirements: The notification to the claimant shall be written in a manner calculated to be understood by the claimant and shall include:

• The specific reason or reasons for the Adverse Benefit Determination;

• References to the specific Plan provisions on which the Adverse Benefit Determination is based;

• A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary;

• A description of the Plan’s review procedures and the time limits applicable to such procedures; and

• A statement that following an Adverse Benefit Determination on review by the Appeals Committee, the Plan offers no further voluntary levels of appeal and that the claimant has a right to bring a legal action under ERISA section 502(a).

Additional Requirements for Medical Benefit Claims: If the Adverse Benefit Determination is in response to a claim for Medical Benefits, the notice shall include the following additional information:

• If an internal rule, guideline, protocol or other similar criterion was relied upon in making the Adverse Benefit Determination, a statement that such rule, guideline, protocol or other similar criterion was relied upon and that a copy thereof shall be provided free of charge to the claimant upon request;

• If the Adverse Benefit Determination is based upon medical necessity, an experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the Adverse Benefit Determination, applying the terms of the Plan to the claimant's medical circumstances, or a statement that such explanation shall be provided free of charge upon request; and

• If the initial Adverse Benefit Determination is in response to an Urgent Care Claim, a description of the expedited review process applicable to such claims.

Additional Requirements for Wage Replacement Benefit Claims: If the Adverse Benefit Determination is in response to a claim for Wage Replacement Benefits, the notice shall be provided in a culturally and linguistically appropriate manner (as


described in this DETAILED CLAIM PROCEDURES section) and shall include the following additional information:

• A discussion of the decision, including an explanation of the basis for disagreeing with or not following:

o The views presented by the claimant to the Plan of health care professionals treating the claimant and vocational professional who evaluated the claimant;

o The views of medical or vocational experts whose advice was obtained on behalf of the Plan in connection with the claimant’s Adverse Benefit Determination, without regard to whether the advice was relied upon in making the benefit determination; and

o A disability determination regarding the claimant presented by the claimant to the Plan made by the Social Security Administration.

• If the Adverse Benefit Determination is based on a medical necessity, experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Plan to the claimant’s medical circumstances, or a statement that such explanation shall be provided free of charge upon request;

• Either the specific internal rules, guidelines, protocols, standards or other similar criteria of the Plan relied upon in making the Adverse Benefit Determination or, alternatively, a statement that such rules, guidelines, protocols, standards or other similar criteria of the Plan do not exist; and

• A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits.

Filing an Appeal

Except as otherwise provided below, the claimant may appeal in writing an initial Adverse Benefit Determination to the Appeals Committee within 180 days following his or her receipt of the Adverse Benefit Determination from the Claims Administrator.

The claimant may submit written comments, documents, records, and other information relating to the claim for benefits, and the Appeals Committee shall take all of such information into account when reviewing the claim, without regard to whether such information was submitted or considered in the initial benefit determination.

The claimant may receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information that is relevant to the claimant's claim for benefits (as determined by the Appeals Committee).


In the case of an Adverse Benefit Determination of an Urgent Care Claim for Medical Benefits, the claimant may request orally or in writing an expedited review of the Adverse Benefit Determination and all necessary information, including the Plan's benefit determination on review, will be transmitted between the Plan and the claimant by telephone, facsimile or other available expeditious method.

In the case of an Adverse Benefit Determination of a Dismemberment Benefit Claim or a Death Benefit Claim, the claimant may appeal in writing an initial Adverse Benefit Determination to the Appeals Committee within 60 days following his or her receipt of the Adverse Benefit Determination from the Claims Administrator.

Appeal Committee Review

When reviewing the appeal of an Adverse Benefit Determination for Medical Benefits or Wage Replacement Benefits, the Appeals Committee shall comply with the following requirements:

The Appeals Committee review shall not give any deference to the claimant's initial Adverse Benefit Determination.

If the appeal request is based in whole or in part on a medical judgment, including determinations with regard to whether a particular treatment, drug or other item is experimental, investigational or not medically necessary or appropriate, the Appeals Committee shall consult with an Approved Physician who has appropriate training and experience in the field of medicine involved in the medical judgment. This Approved Physician shall not be an individual who was consulted in connection with the initial Adverse Benefit Determination or a subordinate of such individual.

Upon request of a claimant, the Appeals Committee shall identify the individual names of any medical or vocational experts whose advice was obtained in connection with an initial Adverse Benefit Determination, without regard to whether the advice of such experts was relied upon in making the benefit determination.

Before the Plan issues an Adverse Benefit Determination on review, the Appeals Committee shall provide the claimant, free of charge, with any new or additional evidence considered, relied upon, or generated by the Plan or other person making the benefit determination (or at the direction of the Plan or such other person) in connection with the claim. Such evidence must be provided as soon as possible and sufficiently in advance of the date on which the notice of Adverse Benefit Determination on review is required to be provided to the claimant, in order to give the claimant a reasonable opportunity to respond prior to the date.

Before the Plan issues an Adverse Benefit Determination on review based on a new or additional rationale, the Appeals Committee shall provide the claimant, free of charge, with the rationale. The rationale must be provided as soon as possible and sufficiently in advance of the date on which the notice of Adverse Benefit Determination on review is required to be provided to the claimant, in order to give the claimant a reasonable opportunity to respond prior to that date.


Timing of Notice of Benefit Determination on Review

The Appeals Committee shall provide notice to the claimant, as described below, of the Plan's benefit determination on review in accordance with the following timeframes:

Urgent Care Medical Benefit Claims: In the case of an Urgent Care Claim, the

Appeals Committee shall notify the claimant of the Plan's benefit determination on review as soon as possible, taking into account the medical exigencies of the claim, but not later than 72 hours after its receipt of the claimant's appeal request.

Pre-Service Medical Benefit Claims: In the case of a Pre-Service Claim for Medical Benefits, the Appeals Committee shall notify the claimant of the Plan's benefit determination on review within a reasonable period of time appropriate to the medical circumstances, but not later than 30 days after its receipt of the appeal request.

Post-Service Medical Benefit Claims and Wage Replacement Benefit Claims: In

the case of a Post-Service Claim for Medical Benefits or a claim for Wage Replacement Benefits, the Appeals Committee shall notify the claimant of the Plan's benefit determination on review within 45 days after its receipt of the appeal request. The Appeals Committee may extend this period up to an additional 45 days if the Appeals Committee determines that an extension is necessary due to matters beyond the control of the Plan. Written or electronic notification of an extension must be provided to the claimant prior to the expiration of the initial 45-day period and indicate (1) the special circumstances requiring the extension and (2) the date by which the Plan expects to render a decision.

Dismemberment Benefit Claims and Death Benefit Claims: In the case of a claim for Dismemberment Benefits or Death Benefits, the Appeals Committee shall notify the claimant of the Plan’s benefit determination on review within 60 days after its receipt of the appeal request. The Appeals Committee may extend this period up to an additional 60 days if the Appeals Committee determination that an extension is necessary due to matters beyond the control of the Plan. Written or electronic notification of an extension must be provided to the claimant prior to the expiration of the initial 60-day period and indicated (1) the special circumstances requiring the extension and (2) the date by which the Plan expects to render a decision.

Manner and Content of Benefit Determination on Review

The Appeals Committee shall provide a claimant with written or electronic notification of the Plan's benefit determination on review. Any electronic notice shall comply with ERISA regulations that specify the standard for electronic disclosure of benefit plan information.

General Requirements: If the determination on review is an Adverse Benefit Determination, the notice shall be written in a manner calculated to be understood by the claimant and shall include:

• The specific reason or reasons for the Adverse Benefit Determination;


• References to the specific Plan provisions on which the Adverse Benefit Determination is based; and

• A statement of the claimant’s right to bring an action under ERISA section 502(a).

Additional Requirements for Medical Benefit Claims: If the Adverse Benefit Determination on review is in response to a claim for Medical Benefits, the notice shall include the following additional information:

• The additional requirements for Medical Benefit claims described in this DETAILED CLAIM PROCEDURES section for the notice of initial benefit determinations; and

• The following statement (if applicable): “You and your plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find what may be available is to contact your local U.S. Department of Labor Office and your State Insurance regulatory agency.”

Additional Requirements for Wage Replacement Benefit Claims: If the Adverse Benefit Determination on review is in response to a claim for Wage Replacement Benefits, the notice shall include the following additional information:

• The additional requirements for Wage Replacement Benefit claims described in this DETAILED CLAIM PROCEDURES section for the notice of initial benefit determinations; and

• With respect to the statement of claimant’s right to bring an action under ERISA section 502(a), any applicable contractual limitations period that applies to the claimant’s right to bring such an action, including the calendar date on which the contractual limitations period expires for the claim.

Standards for Culturally and Linguistically Appropriate Notices

The Plan shall comply with the following standards for culturally and linguistically appropriate notices:

Claims Assistance: The Plan shall provide oral language services that include answering questions in any applicable non-English language and shall provide assistance with filing claims and appeals in any applicable non-English language.

Claimant Requests: The Plan shall provide, upon request, a notice in any applicable non-English language.

Notice: The Plan shall include in the English version of all notices a statement prominently displayed in any applicable non-English language clearly indicating how to access the language services provided by the Plan.


Extension of Time Frames Allowed by Law or Agreement

In the event that ERISA rules and regulations permit additional time for decisions or actions by the Claims Administrator or Appeals Committee, the Claims Administrator or Appeals Committee may exercise their discretion to utilize (but not exceed) those extended timeframes.

This discretion shall only be exercised when necessary to provide a full and fair review of a claimant's right to benefits in accordance with the terms of this Plan (for example, additional time is needed to obtain an appointment and results of a medical examination).

Upon request by the Plan, a claimant may also voluntarily agree to an extension or further extension of any time period within which the Plan must decide a claim.

Exhaustion of Administrative Remedies

No legal action can be brought by or with respect to you to recover benefits under the Plan before the foregoing claim procedures have been exhausted. Every ERISA right of action by you, your Representative, Beneficiary or estate against the Plan, or any Plan fiduciary, must be brought no later than one (1) year from the date that the foregoing claim procedures have been exhausted (due to claimant inaction, claimant receipt of a final Adverse Benefit Determination on appeal, or otherwise). Unless contrary to applicable law, any ERISA right of action or other legal action challenging a Plan decision shall be brought in the United States District Court for the Northern District of Texas, Dallas Division.

VOLUNTARY FINAL COMPROMISE AND SETTLEMENT

Not earlier than the tenth business day after the date of the initial report of Injury and after you have received a medical evaluation from a non-emergency care physician, the Claims Administrator may notify you of the Plan’s desire to be released from any further known and unknown benefit (and all other injury-related claims) by you and pay a final claim settlement to, or with respect to you. If you agree to this release, no additional claims will be subsequently accepted with respect to such Injury.

OFFSET, REIMBURSEMENT, AND RECOVERY OF BENEFIT

Offset for Other Benefits

Wage Replacement Benefit payments under this Plan shall be reduced by:

The amount of any applicable federal or state income, employment, or other taxes that are required by law to be withheld;

Your earnings from any employment obtained after disability begins, amounts legally garnished, and your contributions (through salary reduction or otherwise) to a 401(k)


or a 403(b) plan, cafeteria plan, or other pre-tax salary deferral employee benefit plan; and

Except as otherwise specified in the Plan’s “Coordination of Benefits” section, any amount paid or available with respect to your Injury under the following: workers’ compensation law, unemployment compensation law, disabilities benefits law or any other similar law.

Coordination of Benefits

If you are covered under this Plan and one or more other benefit plans, then (unless otherwise subject to the “Subrogation and Reimbursement Rights” section) any Medical Benefits and Wage Replacement Benefits payable under this Plan will be either regular benefits or reduced benefits that, when added to the benefits of the other plan(s), will not exceed 100% of the amount described herein. The purpose of this provision is to prevent duplicate payments under plans that would exceed 100% of the benefits described in this Plan. In the coordination of benefits, one of the plans will be designated as the primary plan and the other plans will be designated as secondary. The primary plan will pay its full benefits first, then the secondary plan(s) will pay, but payments will be coordinated so that the total from all plans will not be more than the benefits described in this Plan. Nothing in this Article shall be construed to coordinate benefits under the Plan with benefits under another group health plan.

Except as otherwise specified above with respect to group health plans, “other benefit plans” shall mean any health or disability-type benefits provided under (1) any individual, group, blanket or franchise plan, (2) other prepaid coverage under service plan contracts, or under group or individual plans, policies or a practice, (3) uninsured arrangements of group or group-type coverage, (4) labor-management trusteed plans, labor organization plans, employer organization plans, or employee benefit organization plans, (5) benefits coverage in a group, group-type and individual policy or policies of automobile coverage (including, but not limited to medical payment coverage, personal injury protection coverage, uninsured motorists coverage and underinsured motorists coverage, and (6) any other group-type contracts – that is, those contracts which are not available to the general public and can be obtained and maintained only because of membership in or connection with a particular organization or group.

Except as specified below, if a person is covered by more than one plan to which this coordination of benefits provision applies, then the following rules will determine which plan will be primary:

• With respect to health benefits only, when only one of the plans has a coordination of benefits provision, then the plan without such a provision will be the primary plan;

• The plan under which the person is covered other than as a dependent (for example, active employee, former employee, inactive employee, COBRA


participant or retiree) will be the primary plan over a plan which covers the person as a dependent;

• The plan under which the person is covered as an active employee will be the primary plan over a plan which covers the person as former employee, inactive employee, COBRA participant or retiree; or

• If none of these rules establish an order of benefit determination, then the plan that has covered the person for the longer period of time will be the primary plan.

Consistent with Medicare Secondary Payer rules for no-fault and/or liability forms of coverage, Medical Benefits payable under this Plan to or with respect to any Participant who is in “current employment status” as defined for purposes of Medicare, and who is eligible for benefits under Medicare, shall be primary and shall not be reduced by the amount of benefits payable to or with respect to such Participant under Medicare, which will be considered the secondary plan.

The fact that a person is eligible for or provided (1) medical assistance under a state plan, or (2) disability benefits, survivor benefits or retirement benefits under the Social Security Act, will not be taken into account in making Plan payments.

You must notify the Claims Administrator of such other benefit plans and cooperate with the Claims Administrator in (1) furnishing copies of other policies, coverage or plans which may be applicable to the Injury, and in (2) completing and returning to such Claims Administrator any questionnaire or forms inquiring about, or assigning rights to recover under, other policies, coverage or plans which may cover or be applicable to you.

Subrogation and Reimbursement Rights

For purposes of “Subrogation and Reimbursement Rights”, the “Notice of Legal Proceedings,” and “Assignment of Rights” sections of this Plan, the term “Payee” means you or your Beneficiary or your respective family members, heirs, estate, or other Representative (in their individual or representative capacity), singularly or collectively as the context may require to give the Plan the broadest possible rights of recovery.

Right of Subrogation: If a Payee becomes entitled to or directly or indirectly receives Plan benefits for any Injury caused by the negligence or other act or omission of any person or organization (including, but not limited to, the Employer), and is (or later becomes) entitled to or otherwise collects any damages or other compensation in connection with such Injury (including, but not limited to, damages for negligence, survival, wrongful death or other legal or equitable action), whether by insurance, litigation, settlement or other proceeding, the Payee shall automatically be required to (i) subrogate his, her or its right to and reimburse the Plan out of said damages or other compensation to the extent of the Plan benefits paid to, or with respect to, the Payee and (ii) subrogate his, her or its right to and reimburse the Plan out of said damages or other compensation for all medical management, investigation, attorneys’ fees, costs of recovery, and other expenses related to the claim for benefits (including any


subrogation proceeding). The subrogation rights of this Plan even apply with respect to a Payee who is (or later becomes) entitled to or otherwise collects any damages or other compensation in connection with such Injury but has not and will not receive any Plan benefits if such person’s claim for damages or other compensation is dependent on whether the participant had or has a valid claim against a third party.

Written Confirmation: Upon request of the Plan, the Payee shall provide the Plan written confirmation of this subrogation right, including execution of any assignment, lien form or other document requested by the Claims Administrator to enable the Plan to recover such Plan benefits and related expenses. Any failure of a Payee to give written confirmation of the Plan’s subrogation rights does not adversely affect its rights of subrogation because the Plan’s right of subrogation arises automatically once payment under this Plan is made to or on behalf of the Payee.

Right to Reimbursement: If (i) a Payee fails, refuses or neglects to reimburse the Plan or otherwise comply with the provisions of this section, or (ii) payments are made under the Plan based on fraudulent information or otherwise in excess of the amount necessary to satisfy the provisions of the Plan, then the Plan shall still have all remedies and rights of recovery specified herein. The Plan shall also have the right to terminate or suspend benefit payments and/or recover the reimbursement of all amounts above due to the Plan by withholding, offsetting and recovering such amounts out of any future Plan benefits or amounts otherwise due from the Plan to or with respect to such Payee.

Right of Recovery: The Plan shall have the first lien recovery against any benefits paid or to be paid by the Plan. The Plan shall also have the right to bring a lawsuit and assert a constructive trust or other interest against any and all persons that have assets to which the Plan can claim rights. The Plan has the right of first recovery from any judgment, settlement or other payment, regardless of whether the Payee has been "made whole."

Attorneys’ Fees and Expenses: The Plan's subrogation rights and first lien will not be reduced by attorneys' fees or expenses incurred by any party in pursuing recovery against a third party and the "common fund" doctrine shall not apply. Any attorneys' fees and/or expenses incurred by or at the request of the Payee or his, her or its attorneys in a third party or other action shall be the sole responsibility of such party.

Notice of Legal Proceedings

A Payee (whether or not such person has received or may in the future directly or indirectly receive Plan benefits) shall provide the Claims Administrator with prior written notice of the involvement of such party in any lawsuit, settlement discussion or other proceeding (for negligence, wrongful death, survival or other cause of action), one of the principal purposes of which is recovering, from any person or organization, damages or other compensation in any way related to any Injury for which Plan benefits have been or may in the future be paid. The Plan shall have the right to intervene for itself and on behalf of a Payee in any such lawsuit, settlement discussion or other proceeding. If a


Payee neglects, fails or refuses to seek a recovery from any person or organization for any Injury caused by the negligence or other act or omission of such person or organization, the Plan shall have the right to institute a lawsuit or other proceeding or do any other act that in the opinion of the Claims Administrator may be necessary or desirable to recover the Plan benefits paid (and to be paid in the future), plus all medical management, investigation, attorneys’ fees, costs of recovery, and other expenses incurred by the Plan.

Assignment of Rights

By participating in this Plan, a participant obligates himself or herself, as well as all other Payees (in both their individual and representative capacities), to the provisions of this Plan, including, without limitation, the “Subrogation and Reimbursement Rights, “Notice of Legal Proceedings,” and “Assignment of Rights” sections hereof. Upon the request of the Claims Administrator, a Payee shall assign to the Plan the right to intervene in or institute any lawsuit, settlement discussion, or other proceeding described in the “Subrogation and Reimbursement Rights, and “Notice of Legal Proceedings,” sections, and to use the name of such party for such purpose. The Plan shall have the right to select legal counsel of its own choice and such counsel shall have complete control over the conduct of any such lawsuit, settlement discussion, or other proceeding without the consent or participation of any such Payee. Whenever the Plan shall intervene in or institute any lawsuit or other proceeding as permitted by the provisions of this section, the Plan may pursue same to a final determination and the Plan expressly reserves the right to appeal from any adverse judgment or decision. The Payee shall give the Plan all reasonable aid in any such lawsuit, settlement discussion, or other proceeding in effecting settlement, in securing evidence, in obtaining witnesses, or as may otherwise be requested by the Claims Administrator. The Payee shall release the Plan, the Employer, the Plan Administrator, the Claims Administrator, the Appeals Committee, and their respective directors, officers, agents, consultants, attorneys, and employees from all claims, causes of action, damages and liabilities of whatever kind or character that may directly or indirectly arise out of the pursuit or handling by the Plan of any such lawsuit, settlement discussion or other proceeding.

Right to Receive and Release Necessary Information

The Claims Administrator may, without the consent of or notice to any person or organization, release to or obtain from any person or organization, information needed to implement Plan provisions. When you request benefits, you must furnish all information requested by the Claims Administrator.

APPLICABLE LAW

This Plan shall be governed and construed in accordance with the provisions of ERISA and, except where superseded by federal law, the laws of the State of Texas. This Plan is exempt from the group health plan requirements of:


HIPAA: Part 7 of ERISA by operation of one or a combination of the excepted benefits listed in ERISA Section 733(c)(1) and is therefore exempt from the standards, rules, regulations and other requirements of the Health Insurance Portability and Accountability Act;

PPACA: The Public Health Service Act by operation of one or a combination of the excepted benefits listed in Title 42 of the United States Code Section 300gg-91(c)(1) and is therefore exempt from the standards, rules, regulations and other requirements of the Patient Protection and Affordable Care Act; and

Other Group Health Laws: Any other standards, rules, regulations or other requirements that utilize or reference the excepted benefits definition listed in ERISA Section 733(c)(1).

COBRA Continuation Coverage: The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) requires group health plans to provide continuation coverage upon the occurrence of a “qualifying event” that would result in a loss of coverage. To the extent that the Department of Labor, Internal Revenue Service or court of competent jurisdiction determines that the Employer is mandated to provide continuation coverage for Medical Benefits provided under this Plan, then no provision of the Plan will be construed to preclude offering COBRA continuation coverage. However, continuation of Medical Benefit coverage should not apply to this Plan because: • Group health benefits provided under the Plan are limited to treatment of injuries

which are sustained during the Course and Scope of Employment with an Employer. Therefore, continuation of group health coverage would not be necessary if you experienced a termination of employment with the Employer for whatever reason.

• If you have a covered Injury during your employment with an Employer, the Plan would continue to provide you with health benefits for that Injury following your termination of employment (subject to the terms and limits in this Plan), unless such employment was terminated based upon Gross Misconduct. Therefore, termination of employment in this situation would not be a “qualifying event” under COBRA because it would not result in a loss of coverage under the Plan.

The Plan does not provide coverage for dependents. Therefore, any continuation coverage provided under COBRA with respect to dependents would not be applicable to this Plan.

AMENDMENT OR TERMINATION OF PLAN

The Company presently intends to continue the Plan indefinitely, but the Company reserves the right to amend or terminate the Plan at any time; provided, however, that no such amendment or termination will reduce the amount of any benefit payable to, or with respect to, you under the Plan in connection with an Injury occurring prior to the date of such amendment or termination. Any such amendment or termination will be adopted


pursuant to formal written action of a representative authorized to act on behalf of the Company.

DEFINITIONS

This section defines specific terms used in this booklet. These definitions should not be interpreted to extend coverage unless specifically provided for in the other sections of this booklet and the Plan document.

Adverse Benefit Determination

A denial, reduction or termination of, or failure to provide or make payment (in whole or in part) for, a Plan benefit. An “Adverse Benefit Determination” may also be a denial, reduction, termination, or failure to provide or make payment that is based on a determination of your or your Beneficiary’s eligibility to participate in the Plan.

With respect to a claim for Medical Benefits, the term “Adverse Benefit Determination” includes a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit resulting from the application of any utilization review, as well as a failure to cover an item or service (for which benefits are otherwise provided) because the item or service is determined to be experimental, investigational or not medically necessary or appropriate.

With respect to a claim for Wage Replacement Benefits, the term “Adverse Benefit

Determination” also means any rescission of your Wage Replacement Benefit coverage (whether or not, in connection with the rescission, there is an adverse effect on a particular benefit at that time). For this purpose, the term “rescission” means a cancellation or discontinuance of coverage that has retroactive effect.

Appeals Committee

The designated decision maker appointed by the Plan Administrator to make Determinations on appeal of benefit claims. The Appeals Committee’s fiduciary responsibility is limited to discretionary authority and ultimate decision-making authority with respect to any final appeals of denied claims. The Appeals Committee shall otherwise hold no further authority, responsibility or liability as related to the administration of the Plan.

Approved Facility

A hospital, urgent care center, medical rehabilitation hospital, skilled nursing facility, or other health care facility either expressly approved by the Claims Administrator or included on an approved list of facilities adopted by the Claims Administrator.


Approved Medical Provider

An Approved Facility, Approved Physician or other health care service or supply provider either expressly approved by the Claims Administrator or included on the approved list of medical providers adopted by the Claims Administrator. The Claims Administrator reserves the right to add to, delete from, or otherwise amend any list of Approved Medical Providers at any time. Approved Physician

A person duly licensed under applicable state law as a Medical Doctor or Doctor of Osteopathy and either expressly approved by the Claims Administrator or included on an approved list of physicians adopted by the Claims Administrator.

Beneficiary

The person or persons determined in the following priority:

If there is an Eligible Spouse, Death Benefits shall be paid to the Eligible Spouse.

If there is no Eligible Spouse, Death Benefits shall be paid in equal shares to the Eligible Children.

If you are not survived by an Eligible Spouse or Eligible Child, Death Benefits shall be paid to your surviving dependents (as determined in accordance with the support criteria set forth in Internal Revenue Code section 152 and such other rules as the Claims Administrator may prescribe) who is your parent, sibling or grandparent. If more than one of those dependents survives you, Death Benefits shall be divided among them in equal shares.

If you are not survived by an Eligible Spouse, Eligible Child, or other surviving dependent who is your parent, sibling or grandparent, Death Benefits shall be payable to your estate.

“Eligible Spouse” means your surviving Spouse, “Spouse” means a person (whether of the opposite gender or same gender) who is lawfully married to you under the laws of the state or country in which the relationship was created (regardless of where the married couple is currently domiciled).

"Eligible Child" means your surviving child, whether by blood, marriage, or legal adoption, and for which the parent-child relationship has been legally established prior to the date of your death by evidence of birth certificate, adoption decree, or other court decree of paternity or maternity, if the child is:

• Under 18 years of age;

• Enrolled as a full-time student in an accredited educational institution and is less than 26 years of age; or


• Because of a physical or mental handicap, your dependent (as determined in accordance with the support criteria set forth in section 152 of the Internal Revenue Code and such other rules as the Claims Administrator may prescribe) at the time of your death.

Claims Administrator

The individual, individuals or entity appointed by the Plan Administrator to make initial determinations of benefit claims under this Plan.

Course and Scope of Employment

An activity of any kind or character for which you were hired and that has to do with, and originates in, the work, business, trade or profession of the Employer, and that is performed by you in the furtherance of the affairs or business of the Employer. The term includes activities conducted on the premises of the Employer or at other locations designated by the Employer. This term does not include:

Transportation to and from your place of employment, unless:

• The transportation is furnished as part of your employment arrangement or is paid for by the Employer; provided, however, that this exception does not include commuting to or from your usual place of employment;

• The means of the transportation are under the control of an Employer;

• You are directed in your employment to proceed from one place to another place. Commuting to the place where you begin Employer business and commuting away from the place where you cease Employer business will not be covered if such transportation is not paid for by the Employer or otherwise under Employer control; or

• Your home residence is considered your usual place of employment. In this situation, transportation to or from your residence shall not be considered commuting if the purposes of such travel is for the furtherance of Employer business.

Travel by you in furtherance of the affairs or business of the Employer if such travel is also in furtherance of personal or private affairs by you, unless:

• The travel to the place where the Injury occurred would have been made even had there been no personal or private affairs by you to be furthered by the travel; and

• The travel would not have been made had there been no affairs or business of the Employer to be furthered by the travel.


Any injury occurring before you clock in or otherwise begin work for the Employer, while on a permitted work break, or after you clock out or otherwise cease work for an Employer unless:

• The injury occurs while you are on the Employer’s premises (or other area for which an Employer is responsible for maintenance); and

• Such injury is not otherwise excluded under the personal property or personal deviation exclusions referenced below.

Any injury that results from personal property that does not originate in the Employer’s workplace and is not specifically required for your work activities.

Any injury occurring as a result of personal errands or similar personal deviations from your work activities, as determined by the Claims Administrator.

Disabled or Disability

A Temporary Total Disability or a Temporary Partial Disability:

A “Temporary Total Disability” means a medically demonstrable anatomical or physiological abnormality caused by an Injury, which causes you to be temporarily:

• Unable to perform the normal duties for which you were employed;


• Unable to engage in Transitional Duty or any other occupation for wage or profit.

A “Temporary Partial Disability” means a medically demonstrable anatomical or physiological abnormality caused by an Injury that results in you being temporarily:

• Unable to fully perform the normal duties for which you were employed;

• Under the regular care of an Approved Physician;

• Released to Transitional Duty by such Approved Physician; and

• Working for the Employer in a Transitional Duty position approved by the Employer.

Emergency Care

A service or supply provided with respect to a medical condition manifesting itself by a sudden and unexpected onset of acute symptoms of sufficient severity that in the absence of immediate medical attention could reasonably be expected to (1) result in death, disfigurement, or permanent disability, or (2) result in substantial impairment of any bodily organ, part, or function.


Good Cause

Circumstances existed that you could not foresee and were beyond your control. As part of its evaluation, the Claims Administrator may request you or the Employer to produce evidence in order to establish the existence of good cause. The Claims Administrator shall examine the evidence from its evaluation in order to determine whether good cause exists in a particular circumstance.

Gross Misconduct

Your gross misconduct within the meaning of Section 4980B of the Internal Revenue Code, or any successor provision of law. Gross misconduct means more than momentary thoughtlessness, inadvertence, or error of judgment. It means such an entire want of care as to establish that the act or omission in question was the result of actual conscious indifference to the rights, welfare, or safety of the persons or Employer affected by it. Major Contributing Cause

More than fifty percent (50%) of the resulting injury, disease or illness. Maximum Benefit Limit

The maximum amount of all benefits payable to you under the Plan with respect to an Injury. Payments made for each form of benefit will be counted towards the Maximum Benefit Limit amount. The Maximum Benefit Limit for this Plan is $200,000; provided, however, that the aggregate amount of the Maximum Benefit Limits with respect to claims of all participants arising out of a single Accident, or related series of Accidents, or Occupational Disease, will not exceed $500,000. This aggregate amount may proportionally reduce the Maximum Benefit Limit applicable to each participant involved in such Accident, related series of Accidents, or exposure, in such manner as the Claims Administrator or Appeals Committee may determine.

Maximum Rehabilitative Capacity

The earliest date after which, based upon reasonable Medical Probability, further material recovery from or lasting improvement to an injury can no longer reasonably be anticipated.

Medically Probable or Medical Probability

A medical determination that is more likely than not accurate, based upon objective medical evidence. A medical determination is more likely than not if the probability of its occurrence or validity is determined with a fifty-one percent (51%) or greater degree of probability.


Transitional Duty

A temporary accommodation that allows you to perform your regular job, or an alternate, temporary job that complies with your work restrictions and the Employer's needs.

Plan

Bill Miller Bar-B-Q Occupational Injury Benefit Plan

Plan Administrator

The Company is the plan administrator of the Plan for purposes of ERISA. The Plan is administered on behalf of the Company by the Claims Administrator and Appeals Committee.

Subject to the Plan claim procedures, both the Claims Administrator and the Appeals Committee have discretionary authority to interpret and implement the provisions of the Plan. Any failure by the Claims Administrator or Appeals Committee to apply any provisions of this Plan to any particular situation shall not represent a waiver of the Claims Administrator's or Appeals Committee's authority to apply such provisions thereafter. Every interpretation, choice, determination, or other exercise of authority by the Claims Administrator or Appeals Committee will be binding upon all affected parties, without restriction, however, on the right of the Claims Administrator or Appeals Committee to reconsider and redetermine such action. There shall be no de novo review by any arbitrator or court of any decision rendered by the Appeals Committee and any review of such decision shall be limited to determining whether the decision was so arbitrary and capricious as to be an abuse of discretion. The Claims Administrator or Appeals Committee may adopt any rules and procedures it considers necessary or appropriate for the administration of the Plan.

Post-Service Claim

Any claim for a Medical Benefit that is not an Urgent Care Claim or a Pre-Service Claim. A Post-Service Claim shall include, but not be limited to, a determination involving (1) initial eligibility for Plan benefits, or (2) termination of ongoing eligibility for Plan benefits.

Preexisting Condition

Your illness, injury, disease, impairment or other physical or mental condition, whether or not work-related, which originated or existed prior to the date of the Injury.

Pre-Injury Pay

If you are a salaried participant, regular bi-weekly salary from the Employer at the time of the Injury;

If you are an hourly participant, the average regular straight-time rate of pay from the Employer for the eight (8) consecutive weeks immediately preceding the date of Injury;


provided, however, that if you have been employed for less than eight (8) consecutive weeks, or if your earnings as of such date cannot be reasonably determined (in the judgment of the Claims Administrator), such 8-week average will be based upon the earnings received over such period by a similar employee of the Employer.

"Pre-Injury Pay" shall include pay for tips and commissions reported to the Internal Revenue Service, and Participant contributions (through salary reduction or otherwise) to a 401(k) arrangement, cafeteria plan, or other pre-tax salary deferral employee benefit plan. The Claims Administrator may prescribe special rules for commissions. "Pre-Injury Pay" shall not include any overtime, bonuses, benefits (including, but not limited to, Employer contributions to any employee benefit plans or matching contributions to a retirement plan) or other extraordinary remuneration.

Pre-Service Claim

Any claim for Medical Benefits related to a specific diagnostic test, procedure, hospital admission or similar medical treatment with respect to which this Plan requires Claims Administrator approval in advance of obtaining medical care. A Pre-Service Claim shall not include any determination involving (1) initial eligibility for Plan benefits, or (2) termination of ongoing eligibility for Plan benefits.

Principally Located

You are assigned by the Employer to, and regularly work at a Texas location of, the Employer. The Claims Administrator may also rely upon additional facts and circumstances to determine where you are Principally Located, such as your inclusion on the Employer’s Texas payroll records.

Representative

A person that you authorize in writing to act on your behalf. The Plan will also recognize a legally valid power of attorney or a court or administrative agency order giving a person authority to take an act on your behalf. In the case of an Urgent Care Claim, a physician with knowledge of your condition may act as your Representative.

Traumatic Event

Any act involving, or of the nature of, violent crime or any other incident that would result in severe shock to a reasonable person. Urgent Care Claim

Any claim for medical care or treatment with respect to which the application of the time periods for making non-urgent Pre-Service Claim determinations (generally, 15 days after the Claims Administrator's receipt of the claim):

Could seriously jeopardize your life or health or your ability to regain maximum function; or


In the opinion of a physician with knowledge of the claimant's medical condition, would subject you to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim.

The determination of whether a claim is an Urgent Care Claim as described above shall be made by the Claims Administrator applying the judgment of a prudent layperson who possesses an average knowledge of health and medicine. However, if a physician with knowledge of the claimant's medical condition determines that a claim is an Urgent Care Claim and clearly communicates such determination to the Claims Administrator, the Plan shall treat the claim as an Urgent Care Claim for purposes of this Plan.

The characterization of a claim as an Urgent Care Claim solely impacts the timeframes and other procedures for processing benefit claims and in no way changes this Plan's Approved Medical Provider requirements, pre-authorization requirements, or other medical management requirements. Urgent Care Claims may not arise to the level of involving Emergency Care. Your decision to seek treatment from an urgent care clinic or hospital emergency room does not necessarily result in an Urgent Care Claim or involve Emergency Care. See the MEDICAL BENEFITS and DETAILED CLAIM PROCEDURES sections of this booklet for more information.

Usual and Customary

A charge that is not more than the amount charged by a health care provider when there is no insurance or other third party reimbursement, and is not more than the prevailing and customary charge in the locality for a like treatment, service or supply.

GENERAL INFORMATION

Type of Plan and Administration

The Plan is a welfare benefit plan providing wage replacement, death, dismemberment and medical benefits (including certain dental and vision benefits) due to an Injury. The Plan is administered by the Claims Administrator and Appeals Committee to the extent such duties have been delegated to the Claims Administrator and Appeals Committee by the Plan Administrator.

Name and Address of Plan Sponsor

Bill Miller Bar-B-Q Enterprises, LTD. 14603 Huebner Road, Building 32 San Antonio, Texas 78230

A list of the employers of Bill Miller Bar-B-Q Enterprises, LTD. participating in this Plan is available from the Plan Administrator upon request.


Name and Address of Plan Administrator

Any questions you may have about the Plan may be posed to the Plan Administrator by mail, c/o Director of Personnel, Bill Miller Bar-B-Q Enterprises, LTD., 14603 Huebner Road, Building 32, San Antonio, Texas 78230, or by telephone at (210) 225-4461.

Name and Address of Person Designated as Agent for Service of Legal Process

General Counsel Bill Miller Bar-B-Q 14603 Huebner Road, Building 32 San Antonio, Texas 78230

Service of legal process may also be made upon the Plan Administrator.

Employer and Plan Identification Numbers

The employer identification number assigned by the Internal Revenue Service to Bill Miller Bar-B-Q Enterprises, LTD. is 74-7595559. The plan number of the Plan is 501.

Plan Year

The Plan operates and keeps its records on the basis of the 12-month period ending each December 31.

ERISA RIGHTS STATEMENT

As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 ("ERISA"). ERISA provides that all Plan participants shall be entitled to:

Receive Information About Your Plan and Benefits

Examine, without charge, at the Plan Administrator's office and at other specified locations (such as work sites) all documents governing the Plan, including insurance contracts (if any), and copies of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration.

Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts (if any), and copies of the latest annual report (Form 5500 Series) and updated summary plan description. The Plan Administrator may make a reasonable charge for the copies.

Prudent Actions by Plan Fiduciaries

In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the Plan. The people who operate your Plan,


called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries. No one, including the Employer, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA.

Enforce Your Rights

If your claim for a welfare benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days, you may file suit in Federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $147 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator.

If you have a claim for benefits that is denied or ignored, in whole or in part, you may file suit in a state or Federal court. If it should happen that Plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have brought a claim against to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

Assistance with Your Questions

If you have any questions about your Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.

March 1, 2019


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APPENDIX A ARBITRATION OF CERTAIN INJURY-RELATED DISPUTES

ARBITRATION POLICY OVERVIEW

The Employer hereby adopts a mandatory company policy requiring that certain claims or disputes must be submitted to final and binding arbitration under this arbitration requirement (“Policy”). This binding arbitration will be the sole and exclusive remedy for resolving any such claim or dispute.

(a) Definitions:

(1) "Company" means Bill Miller Bar-B-Q Enterprises, LTD., a Texas limited liability company whose principal place of business is located in San Antonio, Texas, or any successor thereto.

(2) "Employee" means either:

(a) Any person whose employment with the Employer is principally located within the State of Texas, is under the direction and control of, and receives his or her pay by means of a salary, wage or commission directly from, an Employer and for whom an Employer files a Form W-2 with the Internal Revenue Service; or

(b) Determined to be a common law Employee of an Employer by a court of competent jurisdiction or arbitrator.

This term does not include a leased employee, a temporary staffing employee, an independent contractor or other third-party agent.

(3) "Employer" means the Company and any participating employer as listed in Appendix C.

(4) “Plan” means the Bill Miller Bar-B-Q Occupational Injury Benefit Plan as herein set forth and as it may from time to time be amended.

(b) Covered Claims:

(1) Any legal or equitable claim or dispute relating to enforcement or interpretation of the arbitration provisions in a Receipt, Safety Pledge and Arbitration Acknowledgement form, an Employee training program, or this Policy; and

(2) Any legal or equitable claim by or with respect to an Employee for any form of physical or psychological damage, harm or death which relates to an actual or alleged accident, occupational disease, or cumulative trauma (including, but not limited to, claims of negligence or gross negligence or discrimination; claims for intentional acts, assault, battery, negligent hiring/ training/ supervision/ retention, emotional distress, retaliatory discharge, or violation of any other noncriminal federal, state or other governmental common law, statute, regulation or ordinance


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in connection with a job-related injury, regardless of whether the common law doctrine was recognized or whether the statute, regulation or ordinance was enacted before or after the effective date of this Policy).

(3) The determination of whether a claim is covered by this Policy.

This arbitration requirement includes all claims listed above that an Employee has now or in the future against an Employer, its officers, directors, owners, Employees, representatives, agents, subsidiaries, affiliates, successors, or assigns (even if such claim relates to matters occurring before the effective date of this Policy, if the Employee has not filed a legal action in any court or with any governmental agency prior to such date).

(c) Excluded Claims: This arbitration requirement does not, however, include the following claims:

(1) any legal or equitable claim under ERISA for benefits, fiduciary breach, or other problem or relief solely relating to benefits payable under this Plan. If an employee wishes to appeal a denial of benefits under the Plan, such Employee must follow the process described in ARTICLE VI of the Plan. After exhausting the appeal process outlined in ARTICLE VI of the Plan, any action challenging a Plan decision, or any other ERISA right of action, must be brought in the United States District Court for the Northern District of Texas, Dallas Division.

(2) Any claim filed with an administrative agency in accordance with applicable law.

(3) Any criminal act or complaint, including but not limited to, restitution by an Employee for a criminal act for which he or she has been found guilty or no contest, or if the criminal proceedings have been resolved by deferred adjudication.

(d) Covered Parties: Neither an Employee nor an Employer shall be entitled to a bench or jury trial on any claim covered by this Policy. This Policy applies to all Employees without regard to whether they have completed and signed a Receipt, Safety Pledge and Arbitration Acknowledgement form or similar written receipt. These provisions also apply to any claims that may be brought by an Employee’s spouse, children, parents, beneficiaries, representatives, executors, administrators, guardians, heirs or assigns (including, but not limited to, any survival or wrongful-death claims).

(e) Effective Date: For Texas Employees that were hired by the Employer before March 1, 2019, any changes included in this updated Policy shall be effective on the later of (1) March 1, 2019, or (2) the fifteenth (15th) calendar day following the date that the Employer provided notice of this updated Policy to such Texas Employees. For Texas Employees that are hired by the Employer on or after March 1, 2019, any changes included in this updated Policy shall be effective March 1, 2019.

ARBITRATION PROCESS

(a) Required Notice of All Claims: When a party seeks arbitration, such party must give written notice of any claim to the American Arbitration Association and the other party within the applicable statute of limitations for such claim. The day the act complained of


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occurred will be counted for purposes of determining the applicable period. If such notice is not given timely and in the manner described above, the claim shall be void and deemed waived. The filing of a lawsuit will not toll the running of the applicable statute of limitations to request arbitration of a claim, nor will the doctrine of equitable tolling apply to extend the limitations period for the party to request arbitration.

(1) The party requesting arbitration must send written notice in triplicate to the American Arbitration Association, Attention: Regional Claims Administrator, at 13727 Noel Road, North Tower II, Suite 700, Dallas, Texas 75240. If an Employee wishes to invoke arbitration, the Employee must also send written notice to the Employer, in care of the General Counsel, Bill Miller Bar-B-Q Enterprises, LTD. 14603 Huebner Road, Building 32, San Antonio, Texas 78230 (or such other person or address as the Employer may specify). If the Employer wishes to invoke arbitration, the Employer must also give written notice to the Employee at the last address recorded in the Employee's personnel file.

(2) The party requesting arbitration must specifically identify and describe in the written notice all claims asserted and the facts on which the claims are based. This written notice shall be sent certified or registered mail, return receipt requested. The responding party shall have the ability to file special exceptions with the arbitrator on the basis that the written notice does not satisfy the requirements of this Policy.

(3) If after expiration of the applicable statute of limitation (i) a court order exists for the parties to arbitrate, and (ii) such court or arbitrator for whatever reason has determined that the claim is not void and deemed waived, then the party that is compelled to arbitrate must initiate a claim for arbitration regarding such claim with the AAA and serve the other party within 30 days of the statute of limitations date (or court order date, if later) the party’s claim shall be void and deemed waived. Such notice must be given in the manner described above.

(4) The identification of the American Arbitration Association as the designated arbitration provider is not integral to this arbitration policy so as to render the arbitration policy null and void. If for any reason the American Arbitration Association is no longer available for the administration of this arbitration policy, the Employee requesting arbitration shall provide written notice to the General Counsel, Bill Miller Bar-B-Q Enterprises, LTD., 14603 Huebner Road, Building 32, San Antonio, Texas 78230 and obtain the proper Notice of Arbitration forms for forwarding to the independent arbitration firm approved by the Company.

(b) Arbitration Filing Fees: The Employee shall pay a nonrefundable arbitration filing fee equal to the standard Employee filing fee specified under then-current AAA Employment Arbitration Rules and Mediation Procedures. The Employee’s filing fee must be paid when he or she submits a request for arbitration (or, if this process is challenged by an Employee, when arbitration is compelled by court order). The Employer shall pay a nonrefundable arbitration filing fee equal to the standard employer filing fee specified under then-current AAA Employment Arbitration Rules and Mediation Procedures. The Employer will also pay the arbitrator's entire fee and any other AAA administrative expenses; provided, however, that an Employee may elect to also pay up to one-half of these fees and expenses.


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(1) If the arbitrator finds completely in favor of the Employee on all claims, the Employer will reimburse the Employee for his or her share of the filing fee.

(2) If the Employer initiates the arbitration (by means other than a motion in court to compel arbitration), the Employee will pay no portion of the AAA filing fees.

(c) Choosing an Arbitrator: Once the AAA receives a request for arbitration and all administrative fees are paid, the AAA will send both parties a list of neutral arbitrator candidates who have been pre-screened by the AAA for potential conflicts of interest. Unless otherwise agreed to in writing by the parties, the arbitrator selected by the parties in accordance with those rules (1) shall be an attorney licensed to practice in the State of Texas with experience in personal injury litigation, and (2) shall be selected from the AAA Northern Panel of Texas arbitrators. Any disclosures that are mandated by applicable law regarding the arbitrator candidates will be made at this time, and the AAA will also provide both parties with a brief description of the background and experience of each arbitrator candidate.

(1) Either party may challenge an arbitrator candidate for cause, and the AAA will rule on such challenge. If a challenge for cause is upheld, a replacement name will be given to both parties.

(2) Following any challenges for cause, either party may strike three names from the final list and then rank the remaining arbitrator candidates in order of preference. If there is more than one candidate remaining after the strikes and the parties cannot agree on one of the remaining arbitrators, the candidate with the highest total ranking will become the arbitrator. If this process does not result in selection of an arbitrator, the AAA will designate the arbitrator.

(3) If a party to the arbitration fails to return a final list to the AAA within the timeframe specified by the AAA Rules, the AAA will consider all names on the list as being acceptable to that party.

(4) If the arbitrator so selected becomes unable to serve for any reason, the parties shall again go through the same selection process.

(d) Arbitrator Authority: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this policy including, but not limited to, any claim that all or any part of this policy is void or voidable.

(1) At any time, the arbitrator will have the authority to consider and grant motions consistent with the Texas Rules of Civil Procedure (or Federal Rules of Civil Procedure, if applicable), including, but not limited to, motions for summary judgment.

(2) The arbitrator is authorized only to rule on the claims set forth in the original written notice, any counterclaim(s), and the answer(s) made to such claims and counterclaims. The arbitrator is not authorized to modify the powers granted to him or her under this Policy or to make any award merely on the basis of what he or she determined to be just or fair.


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(3) The arbitrator shall also not commingle the standards for state law determinations and remedies (for example, negligence claims and special damage awards) with the standards for federal law determinations and remedies that may or may not be subject to this Policy (for example, ERISA benefit eligibility and ERISA damage awards are not subject to arbitration).

(e) Arbitration Procedures: Any arbitration under this Policy will be administered by the American Arbitration Association ("AAA") under its then-current Employment Arbitration Rules and Mediation Procedures.

(1) Preliminary Hearing: After arbitrator selection, a preliminary hearing may be scheduled upon request by the parties, the AAA or the selected arbitrator. At this hearing, the arbitrator will work with the parties to narrow the issues, establish a discovery schedule, arrange for an acceptable procedure for the filing of any motions and arrange for the earliest and most efficient arbitration hearing possible for the issues in dispute.

(2) Discovery: The arbitrator will have discretion to order pre-hearing exchange of information, including but not limited to, document production, information requests, depositions, subpoenas, and summaries of expected testimony. The arbitrator can issue protective orders as he or she deems necessary or appropriate to protect the privacy or other legal rights of the parties and/or witnesses.

(3) Recording the Hearing: Either party may arrange for, and pay the cost of, a court reporter to provide a stenographic record of the proceedings. Otherwise, the arbitration hearing will not be recorded.

(4) Attorneys’ Fees: Each party shall be responsible for their own attorneys’ fees, if any. However, if any party prevails on a statutory claim which allows the prevailing party to be awarded attorneys’ fees, or if there is a written agreement providing for such fees, the arbitrator may award reasonable attorneys’ fees to the prevailing party.

(5) Other Arbitration Expenses: Each party shall also be responsible for any costs for witnesses called, any costs to produce evidence requested by the other party, deposition costs, and transcripts. The Employer will pay fees and expenses charged by the arbitrator or the AAA for the arbitration; however, the Employee may elect to pay up to one-half of these fees and expenses if requested.

(6) Failure to Attend: If an Employee or the Employer fail to attend a scheduled arbitration hearing without good cause (as determined by the arbitrator), any claim brought by the party failing to attend will be dismissed and cannot be pursued further.

(f) Arbitration Decision: Unless the parties agree otherwise, the arbitrator will make a final and binding decision within 30 days after the hearing is closed. The final decision and the arbitration award, if any, shall be made consistent with the remedies available under the state or federal statute, common law, code or regulation that is the subject of the claim. Judgment on any award by the arbitrator may be entered into any


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court having jurisdiction over the claim and shall have the same legally binding effect as if the judgment had been rendered in such court.

(1) The arbitrator’s decision shall be rendered in writing, shall include a reasoned opinion necessary to support the arbitrator’s decision and shall be signed by the arbitrator.

(2) The arbitrator shall assess the AAA filing fee, arbitrator fees and expenses, and attorneys’ fees against a party upon a showing by the other party that the first party's claim is frivolous, or unreasonable, or factually or legally groundless.

(3) Except with respect to lawsuits or other proceedings seeking to enforce or vacate an arbitration award, all decisions rendered by an arbitrator under this Policy will be kept confidential by all parties. An arbitrator’s decision shall not serve as binding, legal precedent with respect to subsequent claims or disputes under this Policy.

(4) An arbitrator’s decision can be challenged in a state or federal court of law only on such basis as are available under the Federal Arbitration Act.

ADDITIONAL INFORMATION

(a) Interstate Commerce and Venue: The Employer is engaged in transactions involving interstate commerce (for example, purchasing goods and services from outside Texas which are shipped to Texas, or traveling on interstate roadways) and the Employee's employment involves such commerce. Except as provided in this Policy, the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings under the arbitration provisions of this Policy. To the extent that the Federal Arbitration Act is not applicable, Texas common law shall apply. Unless contrary to applicable law, any lawsuits seeking to enforce or vacate an arbitration award shall be brought in the United States District Court for the Northern District of Texas, Dallas Division.

(b) Binding Effect: This Policy for resolving claims by arbitration is equally binding upon, and applies to any such claims that may be brought by, an Employer and each Employee and his/her spouse, children, parents, beneficiaries, representatives, executors, administrators, guardians, heirs or assigns (including, but not limited to, any survival or wrongful-death claim). This binding arbitration will be the sole and exclusive remedy for resolving any such claim or dispute.

(1) This Policy applies to each Employee and the Employer without regard to whether they have completed and signed a Receipt, Safety Pledge and Arbitration Acknowledgement form or similar written receipt. Adequate consideration for this Policy is represented by, among other things, eligibility for (and not necessarily any receipt of) benefits under this Plan and the fact that it is mutually binding on both the Employer and Employees. Any actual payment of benefits under this Plan to or with respect to an Employee shall serve as further consideration for and represent the further agreement of such Employee to the provisions of this Policy. This Policy shall remain in effect with respect to the Employer and all Employees, without regard to any Employee refusal of benefits under this Plan, return of benefit payments under this Plan to an Employer, ineligibility for or


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cessation of benefits under this Plan in accordance with its terms, or any voluntary or involuntary termination of an Employee's employment with an Employer.

(2) This Policy is not subject to ERISA requirements or otherwise dependent upon the benefit provisions of this Plan in any way, and is included herein strictly as a matter of convenience in documentation. This Plan and Policy also in no way changes the "at will" employment status of any Employee not covered by a collective bargaining agreement.

(3) If either party initiates a claim covered by this Policy by any means other than arbitration, the responding party shall be entitled to dismissal of such action, and the recovery of all costs and attorney's fees and expenses related to such action.

(c) Amendment or Termination of Arbitration Policy: The Company shall have the right and power at any time and from time to time to amend this Policy, in whole or in part, on behalf of Employer, and at any time to terminate this Policy or any Employer's participation hereunder; provided, however, that no such amendment or termination shall alter the arbitration requirements of this Policy with respect to an Injury occurring prior to the date of such amendment or termination. In addition, any such amendment or termination of this arbitration Policy shall not be effective until at least 14 days after written notice has been provided to Employee. Any such amendment or termination shall be pursuant to formal written action of a representative authorized to act on behalf of the Company.

(d) Severability. If one or more of the provisions in this Policy are deemed void by law, then the remaining provisions will continue in full force and effect.


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Este folleto y formulario contienen información importante sobre sus derechos. Si quiere el folleto y formulario en español, por favor comuníquese con el Director of Personnel al (210) 225-4461.

Sign and Turn In RECEIPT, SAFETY PLEDGE AND ARBITRATION ACKNOWLEDGEMENT

RECEIPT OF MATERIALS. By my signature below, I acknowledge that I have received and read (or had the opportunity to read) the Summary Plan Description (the "SPD") for the Bill Miller Bar-B-Q Occupational Injury Benefit Plan, updated effective March 1, 2019.

CONSENT TO ELECTRONIC DISCLOSURE OF DOCUMENTS AND NOTICESI understand that my Employer is required to provide me with a copy of certain work-related information including a summary plan description and arbitration policy. As a convenience, I may access these documents electronically through the Employer’s website. By signing below where indicated, I consent to electronic receipt of these materials. I understand that I may request a hard copy of the summary plan description and arbitration policy from my manager on duty, and that I may at any time provide my manager on duty with a written withdrawal of this electronic consent.

INJURY NOTICE AND MEDICAL PROVIDERS. I understand and agree that for an Injury related to an Accident, I must report my Injury to my manager on duty by the end of the workshift for the date of the Injury. I further understand that in order to receive Plan benefits, I must also (1) receive any and all medical care from Plan-Approved Medical Providers, and (2) receive my first medical treatment from an Approved Medical Provider within 14 calendar days after the date I report the Accident and/or Injury.

SAFETY PLEDGE. I agree to familiarize myself with the safety program for the Employer and to perform my job according to the general and departmental safety rules of the Employer. I will also use any personal protective equipment that is provided to me. I also agree to immediately report to my supervisor any accident that involves another employee, a customer, a vendor, or me. I will also immediately report any unsafe act, condition or equipment. I will also cooperate with any accident investigations, and actively participate in any Employer safety training programs.

ARBITRATION. I also acknowledge that a mandatory employment policy is attached as an Appendix to the SPD for convenience of reference. This policy requires that claims or disputes that (1) are covered under this employment policy, (2) cannot otherwise be resolved between the Employer and me, and (3) relate to an actual or alleged on-the-job injury must be submitted to an arbitrator rather than a judge and jury in court. I understand that by receiving this SPD and becoming employed (or continuing my employment) with the Employer at any time on or after March 1, 2019, I am accepting and agreeing to comply with these arbitration requirements. I understand that the Employer is also accepting and agreeing to comply with these arbitration requirements. All covered claims brought by my spouse, children, parents, beneficiaries, Representatives, executors, administrators, guardians, heirs or assigns are also subject to the Employer's arbitration policy, and any decision of an arbitrator will be final and binding on such persons and the Employer. I understand that the arbitrator, and not a judge or jury, has the exclusive authority to resolve any dispute about the enforceability of this arbitration process.

X __________________________________ ___________________________________ Employee’s Signature Date ____________________________________ ___________________________________ Print Employee’s Name Employee’s Identification Number ____________________________________ __________________________________ Parent or Legal Guardian Signature Date (if Employee under age 18) ___________________________________ __________________________________ Parent Print Parent or Legal Guardian Name Employee’s Work Location or Department * In the event the Employer utilizes an online Receipt, Safety Pledge and Arbitration Acknowledgement for this Plan, such manner of acknowledgement shall be considered equivalent to signing this form.


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APPENDIX C PARTICIPATING EMPLOYERS

Bill Miller Bar-B-Que, LTD (Plan Sponsor) Laguna Madre

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