Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Disregarding a wc doctors report

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disregarding a wc doctors report

    My company started to make us occassionaly drive the state (Pennsylvania) issue cars during the day to the job site. For the past five years I have been using my own car and it had never been an issue before, but the new boss made some new rules. I drove one and it really made my back hurt. I chose a different model to drive the next time and my back hurt even worse. I went to the chirpractor on my own, but when my boss found out he made me file a wc claim. At the wc doctor, on his signed and dated report, he stated that I have no limitations to my duties, the cause of my lower back pain is due to the state issue cars and I should be able to use my personal vehicle. (I drive to different courthouses everyday to do legal research for my company). I was then told my my HR office that I still had to drive the state cars, even though it goes against the WC doctors report.
    1. Can they continue to put me in a situation that would cause me further injury?
    2. Are they allowed to go against the WC doctors report?
    Now, the HR office told me that I have to take an Americans with Disability Act form to my doctor and he has to declare me as disabled and he has to state what kind of accomodations I need in order for me to NOT have to drive the state cars, but to drive my own. In the mean time, I have to use the sate cars. This feels like harassment to me and I really dont think it is normal procedure to disregard a WC doctor reprt and then to make such a mockery of the Americans with Disability Act.

  • #2
    It isn't harassment itis the way they should proceed. Somehow I can't help but wonder about the fact that just driving a different car causes such injury. Your personal car can't possibly be the only one that doesn't injure you unless you have some sort of special seat.

    If your back problem rises to the level of a disability, which your employer may require proof of before accommodating you, then your employer needs to discuss with you what may work. It need not be the accommodation you want. If driving yuor own vehicle is prohibited for liability reasons, it may not be reasonable to allow you to use yours. Maybe a back cushion or seat adjustment would work.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      And yes, they can go against the WC doctor's report. There is no law that says they have to follow the guidance of any doctor. Even ADA doesn't require that they automatically do what one doctor says.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X