WC/ADA?

FunHRBanker

Employee was released from WC with no restrictions. Dr. recommends "lifelong" restrictions of lifting no more than 40 lbs., no pushing or pulling. WC and dr. agree that if ee returns to their previous position, the injury will recur because it was a pre-existing condition from childhood. Knowing that, would you/are you required to return the employee to their previous position. The weight requirement isn't a problem, it's the pushing and pulling that is a must with the position.

Susan in La

We would not return the person to a job we know he would be reinjured doing.

FunHRBanker

Could he sue for discrimination under ADA? Granted, he hasn't asked for accomodation.

What do you do?

joannie

Are the physical requirements of the job listed on your job description?. If so, I would have the ee take a copy of the jd to the doctor along with a letter to the doctor asking if the ee was able to meet the physical demands of the job as listed on the jd. If not, what accomodations would be required. I would not let the ee come back to work until I had received a response from the doctor. Once you have the response you can then determine if accomodations are reasonable or not.

We provide the jd and ask for this info for any ee returning from wc or medical leave.