Now What?

We finally received the doctor's note for an ee who has been out on disabilty for foot surgery and it states "she will be requiring a wheelchair for approximately one year. Other than that there are no other restrictions at this time."

The ee called and was unaware of what the doctor wrote in the note and was taken back at the "one year" comment. She then stated to me "Well I am not confined to the wheel chair, I get up and down and walk with a cane and walker too".

I advised her then that she should speak with her doctor and have him put this in writing as to how much time she is permitted to be on her feet, to which she said "well he won't know what I can do"! "BUt I know what I can do as they taught me different things in physical therapy."

I left it that she would still speak to her doctor and get a more clear definition of the restriction(s) so management can make a determination as to whether or not she can perform the essential functions of her job.

Am I going in the right direction here?

Comments

  • 7 Comments sorted by Votes Date Added
  • I think so. You may have one of those individuals who think that they are ahead of the doctor, sometimes to their own injury or re-injury. Stick to your course.
  • I agree, you need that additional information. The doctor may clarify that she will be required to use a wheelchair as she feels necessary over the next year, or he may say she is required to use a wheelchair to do specific duties. Either way, you will need to decide if you she can perform her job effectively from a wheelchair.
  • Does the doc have a copy of her job description so he/she knows the essential functions of her job?
  • You're on the right course. It's not uncommon for an employee to later assert that the employer either requested her to or allowed her to violate written restrictions. Ultimately it's her responsibility to follow the restrictions but the employer also has a responsibility to not be complicit in violating the restrictions. She could claim reinjury or worsened condition if you allowed her to decide her own restrictions or encouraged her to 'get up and walk'. Depending on your comp commission, you could then become the villian. $$$
  • Crout (and any others who care to weigh in) - Do you feel we would be within our rights to send the doctor her job description? No, currently he does not have it. He's giving his restrictions based on what the ee has told him. But now that I think of it, the job description for this position is so outdated it probably doesn't even contain everything she does!
  • Rewrite it and send. The doctor can't make good decisions without all the information.
  • Your instincts are right on with this EE.

    Good advice from the forum posters. I agree that the task in front of you is to get the revised job description to her medical provider and then follow his/her advice as to restrictions. Livindon made the great point that further injury or complications can make your company the soon-to-be-check-writing bad guy.

    You might even want to reiterate that the company will not allow her to violate the dr's orders with respect to her recovery while she is on company time.
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