Going back to work

[BruceYoung]

I live in the state of California and about 9 months ago I went into the hospital because I was drowsy and weak at work. My work wanted me to get a paper from the doctor saying that I was able to go back to work for liability purposes. The doctor thought that I might have sleep apniya and made an apointment for me for the sleep lab and a no work order pending a full evaluation by a cardiologist. I got the appointment slip in the mail and it was for 5 months after that date. after 9 months and a sleep apniya respirator to wear at night I feel 110% but the doctors still want to evaluate me 4 months after I have been using the machines. My EKG's and Ultrasounds and all the other test have been positive but they still wont send me back to work. I talked to my worked today about drawing up some kind of contract that allows me to put all liability on me. I want to know if there is such a contract in exsistence that allows me to go back to work and not have my boss being in fear of liability issues. If so where can I get my hands on one?

 

[Beth3]

Bruce, there is no such thing. An employer CANNOT waive worker's compensation liability. While your employer is not liable for your sleep apnea, if you were injured at work as a result of it, they might well be liable for the injury (although it would depend on the circumstances.) If you injured someone else in the course of your work because of your sleep apea, your employer ABSOLUTELY would be liable, whether it was another employee, a customer/client, or a member of the public.

So I'm not sure what kind of liability you're seeking to have the employer waive but either way it's not possible.

Given the length of time you've been off work, they don't have to return you to work at all.