Epileptic Employee

TLC Shelly · March 2004

One of our employees has told us that she has periodic seizures due to epilipsy. Part of her job is transporting clients on errands. Do we have an obligation to disclose this condition to DMV? Are we violating privacy if we disclose? BTW, we are aware of our liability here, and are dealing with it.

Don D · March 2004

I would say you have no obligation to disclose a driver's disability to DMV. That's between the driver and DMV, if it's in fact any of DMV's business at all. I don't know that any DMV requires medical certification or physical examinations to drive. They only require a written test, vision test, demonstration test and photo. If you still wonder, call DMV and ask. Please post if you find out otherwise.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

deniseE · March 2004

PA does require that such conditions be disclosed. You must be seizure-free for seven years (physician documented) before you'll get a license here.

It might be worth looking into your state DMV laws.

Did you do a background check? Has she had any past incidents that would cause you to believe that she cannot do this job safely?

LeeR · March 2004

the DMV regs vary from state to state. when I was in Ks. it was 5 years seizure free, I understand some states have a much larger window of siezure free time befor licensing. But to answer your question I believe it is the drivers responsibility to make the disclosure to DMV not yours.

Balloonman · March 2004

BTW, the only way to be "dealing with the liability" is to have lots of insurance. You are knowingly allowing an individual who has seizures to operate a motor vehicle and put people at risk. Would love to be the lawyer suing your company after she has a seizure while driving causing an accident.
My $0.02 worth!
DJ The Balloonman

ritaanz · March 2004

It is my understanding that it is the doctor's responsibility to contact DMV. Each state has its own "seizure-free" time span.

Don't procrastinate, get legal advice now!

Whatever · March 2004

First, check your local state laws. Second, contact your insurance broker to find out what your liability could be and if your insurance company covers this situation.

mcmel · March 2004

This case hits close to home, and in our experience we've made sure that the epileptic employee does not drive the company vehicles. We see that as our only obligation.

The specific doctor may feel the need to report to the DMV, which has happened, but it is not the company's position to do so.

Epileptic Employee

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