Can they ask for a medical evaluation?

[commentator]

What is the name of your state (only U.S. law)? TN

Quick question for my HR people here. A 'problem' employee, who has already sued the company for several unrelated issues has announced to the HR department that she has a hernia around her navel, apparently quite a serious one by her report.

She says she has been told by her doctor that she needs surgery, and has told him she cannot afford it because she does not have the company's health insurance. (by her choice).This information was given casually while she was submitting a medical excuse for an absence. She did not ask for any accomodations in regard to this condition, is now back out on the manufacturing floor doing her usual job.

Would it be permissible under ADA for the company to request a medical examination to make sure her condition is not made worse by her job, so that within a few weeks, she will be filing a worker's comp claim against the company. They are very sure this is what she intends to have happen. The company would very much like to put her on a leave of absence until she has the surgery. They usually do not give light duty to employees unless there is a work related injury or condition. This employee has been on light duty several times in the past, which has caused morale problems among the other employees as they feel she is receiving "special treatment" because she has sued the company so many times.

 

[mlane58]

What is the name of your state (only U.S. law)? TN

Quick question for my HR people here. A 'problem' employee, who has already sued the company for several unrelated issues has announced to the HR department that she has a hernia around her navel apparently quite a serious one, as she said she thought she was just gaining weight and this was found.

She says she has been told by her doctor that she needs surgery, and told him she cannot afford it because she does not have health insurance. This information was given casually while she was submitting a medical excuse for an absence. She did not ask for any accomodations in regard to this condition, is now back out on the manufacturing floor doing her usual job.

Would it be permissible under ADA for the company to request a medical examination to make sure her condition is not made worse by her job, so that within a few weeks, she will be filing a worker's comp claim against the company. They are very sure this is what she intends to have happen.

Absolutely! The employer can request a fitness for duty from the employee's provider and give the provider a copy of the employee's job description, so they evaluate everything the employee is required to perform on the job vs their injury or illness. If you or the employer fail to do this, look at your workers comp rates to sky rocket through the roof and the employee taking you all the way to the bank.

 

[commentator]

Thank you bunches, mlane! One more quick question here please. Apparently this employee has a doctor who will say pretty much whatever she wants said. The company has little faith in this particular health care provider, but she indicated she has also seen a surgeon in regard to this hernia. Can the company request this from her surgeon, or from another doctor of their choice, or does it have to be the health care provider of her choice?

This health care provider actually gave the woman an excuse saying she did not need to wear a bra to work because of her menopause symptoms. (Actually I think that one was pretty cool! )The worker has in the past also filed an absolutely bogus workers comp claim in order to have time off to see a family member through a court situation with this doctor's cooperation it appeared. Her husband is also notorious throughout the small town as having filed numerous claims against every place he's ever worked. So the employer would like to use someone else to do the evaluation if possible.

 

[mlane58]

Thank you bunches, mlane! One more quick question here please. Apparently this employee has a doctor who will say pretty much whatever she wants said. The company has little faith in this particular health care provider, but she indicated she has also seen a surgeon in regard to this hernia. Can the company request this from her surgeon, or from another doctor of their choice, or does it have to be the health care provider of her choice?

This health care provider actually gave the woman an excuse saying she did not need to wear a bra to work because of her menopause symptoms. (Actually I think that one was pretty cool! )The worker has in the past also filed an absolutely bogus workers comp claim in order to have time off to see a family member through a court situation with this doctor's cooperation it appeared. Her husband is also notorious throughout the small town as having filed numerous claims against every place he's ever worked. So the employer would like to use someone else to do the evaluation if possible.

You can as an employer and as the employer, you can also request a second opinon and in doing so, will bear the cost of that exam.