Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I am writing today regarding an employment law question. I

Customer Question
Hello. I am writing today...
Hello. I am writing today regarding an employment law question. I have been out of work for the last year and a half due to a work related injury. Every month I have to get documentation from my doctor for my workplace showing that I am still to remain out of work. This is in addition to the paperwork that workers comp requires from the doctors office. I have been seeing this doctor for nine months. In September I requested my documentation to be sent to my work. They told me to come back a couple of days later and during that time I received a letter from my work stating that if I didn't get the paperwork to them by a certain deadline I would be placed on an unauthorized leave and lose my benefits. I had to call them back and had to explain to them that i just received this letter in the mail from my work and that i needed the paperwork immediately because of the deadline. They still gave me a hard time about getting the paperwork done on time and I got frustrated trying to explain to them that I needed this paperwork immediately in order to meet this deadline. Since then I have a hard time getting this documentation from the doctors office on time for my works deadline for receiving this information , even though they knew I had to certify each month that I was supposed to still be out of work. For the past several months my work has sent me letters stating that they are going to place me on an unauthorized leave of absence putting my benefits and overall job status in danger. Knowing that I need this documentation every month and that the form is only one page that just requires them to change the dates only I don't understand why they cant have this paperwork ready for me. They have now called back and said that they can no longer see me as a patient. Can this be considered discrimination based on my disability?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 12 minutes by:
2/2/2016
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,086
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A doctor has a right to decide who they want to see or not. As long as the doctor is not refusing to treat a patient with a life threatening emergency, they have the right to terminate someone as a patient. It is not considered disability discrimination for the doctor to not continue treating the patient in this situation. As far as completing paperwork for an employer, doctors offices are not mandated under any law to fill out this paperwork, they do so as a courtesy to their patients. All the doctor has to do is treat you and provide you copies of your medical records at your request. As far as completing forms it is up to the doctor and if they refuse, then the patient fills out the form WITHOUT the doctor's signature and attaches copies of their medical record which they have a right to obtain from the doctor and that is all they can do.
Ask Your Own Legal Question
Customer reply replied 1 year ago
Thank you for your response. This physician is receiving payment from workers compensation and has committed to providing care to workers comp patients. I am a Corrections Officer with the New York State Department of corrections and I work in direct contact with inmates. This documentation for my work is required by policy due to the nature of the work I perform. Due to the severe nature of my injury, before I can return to work my neurologist needs to certify that I am fit for duty. The issue is not whether or not I am fit for duty. My neurologist says I am not fit for duty and beleives I am still disabled, and therefore needs to fill out paperwork documenting my disability. She has been filling out this form since May 2015. I am not allowed to fill out the documents with just my records as this would be considered fraudulent. If this form is not filled out by the physician I will be terminated. Does she not bear any responsibility for this if I get terminated when she has been filling out these forms since I started seeing her in May 2015? When I first met with her she was aware that these forms needed to be filled out monthly if she was going to continue keeping me out of work.
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply and additional information.
Legally, no, she can terminate you as a patient if she no longer wants to do so. You need to discuss it directly with the doctor, as this may be a decision made by the office manager and the doctor is unaware. However, legally the doctor can decide to terminate the patient relationship, even if they are under workers compensation. If the doctor confirms they do not want to continue the relationship, you also need to contact your W/C provider about getting a new doctor and explain the issue. Unfortunately, the law is not going to mandate them to continue treating you.
Ask Your Own Legal Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 121,086
121,086 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

121,086 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am employed and currently has a workers compensation claim
I am employed and currently has a workers compensation claim with my current employer, to resolve the claim they want me to resign and i am concerned as to how this will affect my retirement benefits … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,086 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I have 2 questions one is about a term disability policy I
I have 2 questions one is about a long term disability policy I have and if it looks favorable for my claim . … read more
Edward Young
Edward Young
Juris Doctor
154 satisfied customers
Is there ever a med pay deductible on a homeowners policy?
Is there ever a med pay deductible on a homeowners policy? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am on workers compensation I was injured 1/15/2015. Some
I am on workers compensation I was injured 1/15/2015. Some one just asked me had I filed a personal injury case. i know nothing about it. How does that work … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
We have an attorney for a workers compensation case that
We have an attorney for a workers compensation case that seem to be dragging his heels. He has worked on the side of the insurance company of which is our opposition. We have had a court date for Febr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I have been charged with workers compensation fraud, I did
I have been charged with workers compensation fraud , I did fill out n incident report stating I fell , which I didn't. I went to the hospital [ I am currently paying the bill ] but I went back to wor… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
QUESTIONS FOR AN ATTORNEY FOR WORKERS COMPENSATION INSURANCE
QUESTIONS FOR AN ATTORNEY FOR WORKERS COMPENSATION INSURANCE IN CALIFORNIA FOR MY EMPOYEES.I called State Compensation Insurance Fund in California and they gave me a quote for my renewal. The policy … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,086 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I am appealing my worker's compensation case but I cannot
I am appealing my worker's compensation case but I cannot find a lawyer to represent me. What can I do? … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
I have a question about workers compensation. I am an
I am an independent contractor with medical insurance. I work in schools training teachers. I do not have any employees, would I be required to have workers compensation insurance for myself? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Its about workers' compensation are you able to address this
Its about workers' compensation are you able to address this area of practice? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,086 satisfied customers
Can workers compensation make you go to their IN NETWORK
Good afternoon. Can workers compensation make you go to their IN NETWORK physical therapists after you are already being treated by someone who is not in their network that my doctor referred me to be… read more
John
John
Attorney
Doctoral Degree
5,864 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x