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View Full Version : can employer insist on talking to your physician? Texas


Railroad guy in tx
12-19-2006, 04:54 AM
i recently was admitted to the hospital because i had overdosed on my antidepressant medication. it was then discovered that the medication i was given was all wrong, and it has been changed and i am feeling fine. i was in the hospital for a week while the medication was changed. i have a signed release from my physician that says i can return to work without restrictions, however, my employer wants to go to the office and meet with my doctor. the only thing in our employee handbook that says is required is a letter from the doctor, (which i have). i am very uncomfortable with my employer wanting to go to see my physician. i feel this is simply a fishing expedition.

what can i do?

Pattymd
12-19-2006, 05:05 AM
Well, the employer can go. It is not a violation of law for your employer to ask. However, if you have not authorized the doctor to speak with your employer, it would be a violation of HIPAA for him to do so.

Have you asked the doctor if your employer has requested a conversation and, if so, did he/she speak with him?

Railroad guy in tx
12-19-2006, 05:07 AM
they called me to ask if i would arrange a meeting...........they haven't spoken to my physician.

i know that i can allow them to talk, and set limitations. i just feel that they are making things up as they go along in regards to what they want or need for me to come back to work.

Pattymd
12-19-2006, 06:04 AM
I know some about this generally, but it's not my area of greatest expertise. Hang in there for further comments, OK? :o

Railroad guy in tx
12-19-2006, 06:12 AM
OK, thanks.

i am the wife posting now.......hubby has went to dr appt this morning. he spoke to his doctor and for now the doctor has said he has never had any employer request to speak directly with him, and he won't for now until he checks further into it.

my husband did call his boss back and let him know, and also asked exactly what his concern was that they needed to speak to his doctor. he said that they just wanted the doctor to understand the scope of his job, and the stress it involves. they also wanted to verify that his medication being adjusted was the reason for all of this, etc. That definitely sounds like fishing to me.

i truly believe a doctor wouldn't give a release to return to work if he didn't think someone were capable of doing their job.

Pattymd
12-19-2006, 06:19 AM
I agree, as long as the doctor knows the details of what the employee's job entails. Not just "Joe is a painter", but "Joe must be able to claim a ladder up to 8 feet high, using one hand", etc.

The employer can do this with a well-written job description (which would include the physical requirements of the job) just as well as they can with a face-to-face conversation.

Railroad guy in tx
12-19-2006, 07:26 AM
in my opinion, a written record is much better than a verbal conversation.

his boss did say that they had never encountered anything like this, so possibly they just don't know how to handle this and are afraid, etc.

ElleMD
12-19-2006, 08:09 AM
There are lots of times that I question whether a doctor has the real story on what an employee does and have to seriously wonder about the doctors who will write a release for some of them to return to work. I have spoken with doctors by phone to clarify these things and sent copies of job descriptions and the physical requirements of a position to doctors many times. I have yet to meet with one in person. Nothing would prevent the employer from requesting a meeting. It isn't the most efficient way to handle this but the law does not prevent it.

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