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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111657
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Does a commercial driver have the right to get a physical

Customer Question

does a commercial driver have the right to get a physical exam at another doctor after
being refused by a company doctor that the driver was working at
dmv says yes as long as the doctor is in the national registery
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If a CDL holder has lost their CDL based on a physical examination, they do have the right to appeal by obtaining a new examination from another DOT certified physician who can perform another examination to certify and sign off on the physical. So, you can get your CDL reinstated by getting a new physical examination from another DOT certified doctor.

As far as your job, I am afraid the employer does not have to take you back if you failed the physical with their doctor, but you can get your CDL back and get another job, since the reason your employer has for your leaving their employment is you retired.

Customer: replied 1 year ago.
Evan if the company doctor said I had a heart valve replacement. Which is not
True
Dmv has it on recording
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, you have to get another doctor to examine you and to issue a proper health certification. As far as the other doctor reporting you had something which is not true, you can sue that doctor for malpractice and libel for writing a false statement on your records and seek damages from him for your loss of license and employment.

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