Return to Work - Conflicting Medical Documentation

dolores

Recently an employee (public sector) brought in a certificate of illness in which a doctor stated he needed to be placed on light duty. He was placed on light duty, but decided to apply for retirement. As part of the retirement process, he was sent for an evaluation by two pension board doctors who opined that the employee could not perform the duties of his job, and thus eligible for disability retirement. Upon finding out, however, that his disability retirement would limit his ability to earn additional money, he withdrew his petition for retirement. Subsequently, he submitted another certificate of illness from the same doctor who originally requested that he placed on light duty. The doctor stated that the employee could perform the duties of the job with no restriction. To sum it up, we have a situation wherein we have two conflicting medical statements regarding the employees ability to perform the duties of his job. Does anybody see any potential liability problems if we follow the opinion of the employee's personal physician (return to work with no restrictions)?