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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7209
Experience:  Significant experience in all areas of employment law.
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hello my question is..i hurt myself on my job and workers comp

Customer Question

hello my question is..i hurt myself on my job and workers comp has been draging me along at every turn i had a Qme hearing and the doctor also found that i have a torn knee ligament do to an industrial lnjury and that he recommends that i have surgey from workers comp..now they are saying that he didnot word his report correct and now they have to send him a supplamental report form for him to rerite it ..in the mean i have been off work for 9 months on short term disability under my own doctor..i lost my health ins threw my company because i have been off work for 6 months and also i am missing a lot of my work earnings..my question is if my doctor releases my back to full duty can my job have any legal rite to stop me from going back to work..and also can they send me threw there company physical..thank you please email me back a.s.a.p email isXXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. Please remember to accept my answer if you find it helpful, as this is the only way I will be compensated for my time.

An employer may make disability-related inquiries and require medical examinations if they are job-related and consistent with business necessity. If your employer's purpose for requiring the exam is to determine whether you are fit to return to work and the requested exam is reasonable, the exam would most likely be permissible.

An employer is typically only required to hold an employee's position due to illness or injury for 12 weeks pursuant to the Family Medical Leave Act. However, if the employee's condition qualifies as a "disability" (meaning that is "impairs a major life function") pursuant to the definition set forth in the Americans With Disabilities Act, an employer must engage in an interactive process with the disabled employee to determine whether reasonable accommodations can be made that will allow the employee to continue in their employment. A "reasonable accommodation" may under some circumstances mean that an employee is required to extend the 12 absence period provided by the FMLA. Ultimately, the question in this circumstance is whether a prolonged absence would cause the employer an unreasonable hardship.

For more information on what constitutes a disability under the ADA, visit this link:http://www.eeoc.gov/policy/docs/902cm.html For more information on the ADA in general, visit this link:http://www.ada.gov/q&aeng02.htm

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

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