Climate Change Project

Table of Contents



<< >> Up Title Contents

Return to Work Certifications

All physicians engaged in clinical practice face the problem of certifying that a patient was legitimately absent from work because of an acute illness or injury. (Also see Chapter 29.) Most employees who are covered by the ADA because of long-term disabilities have periods of acute illness. Acute problems are not cov- ered by the ADA. The same medical standards for work fitness apply to disabled employees covered by the ADA as to other employees. It is not certain, however, whether the ADA's limitations on information to be provided to employers prevents the employer from inquiring into the cause of a disabled employee's absence.

Return-to-work evaluations fall into two classes, depending on whether the employee is seeking to avoid returning or wishes to return to work. Situations in which the patient wishes to return to work pose fewer ethical problems because the patient and the employer have the same interest. Nevertheless, the physician must still determine the employee's medical fitness to return to prevent possible injuries to the employee and potential legal liability for the physician. Except for company-employed occupational medicine physicians, the decision about return to work will usually involve both the physician and the employer. The physician can describe the medical limitations on the worker, but without special knowledge (of OSHA rules, the nature of certain jobs, etc.), he or she cannot decide that a patient can do the job adequately and safely. When evaluating patients' ability to return to work, the environment in which they work must be given careful consideration. A painter with a broken leg may be able to paint walls while wearing a cast but could not work on scaffolding high above the ground. Cardiac patients who want to go back to work may tell their physicians that they sit at a desk or walk around slowly for the entire workday. What the physician may not know is that the patient works in an area of the plant with an ambient temperature of 120 degrees. On the other hand, the section foreman is not likely to be able to judge how much weight a postoperative patient may lift without danger. These questions should be worked out cooperatively among the worker, the employer, and the physician.

Physicians should be cautious about accepting the patient's evaluation of the work environment. Patients may not know company policies on light work or the availability of special positions for temporarily disabled employees. Private physicians should get their patients' permission to talk to their supervisors for an accurate description of the work available for the patient and the environmental conditions under which the work is to be done. In many cases, the only way to determine if patients are fit to return to work is to allow them to try but with instructions to both the patient and the supervisor to watch for signs of fatigue or reoccurrence of the medical problem.

<< >> Up Title Contents

Law and the Physician Homepage
Copyright 1993 - NOT UPDATED

The Climate Change and Public Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster

Provide Website Feedback - https://www.lsu.edu/feedback
Privacy Statement - https://www.lsu.edu/privacy
Accessibility Statement - https://www.lsu.edu/accessibility