Legal Question in Disability Law in California

My husbands is wanting him to give permission to his physician to discuss diagnosis and a list of medications in order to allow him to return from a disablility leave.

A dr note has been provided stating my husband is able to return to work with no restrictions and is able to drive.

He works as a supervisor for a landscaping company and before his disability had a company vehicle. they never gave it back even after a dr note last year.

My husband has been going back and forth with his employer and has now been out of work for 3 wks.

i would like to know what our options are. we cant continue to go without pay. Disablitly pay is no longer since he has had a physician release to return to work. I believe the employer to be violating the medical privacy laws or attempting to anyway. are we able to apply for unemployment? or must we follow the employer instructions and give a release for them to speak to the physician about the specifics?

Asked on 11/29/12, 10:06 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

See previous response.

In addition:

If he is now claiming some form of discrimination, harassment or retaliation as defined as actually ‘illegal’ under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes, he may have legal remedies. This could be retaliation for having taken the leave, or refusal of accommodation, but you'll have to prove that somehow.

Now if the conduct was illegal under the above definitions, feel free to contact me for the legal help you’ll need.

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Answered on 11/29/12, 10:41 am

If your husband's injury is work-related, the employer has right to know his restriction, including the medication he is taking. As far as income, if his injuries are work-related, then he is entitled to receive temporary disability benefits in addition to a settlement under worker's compensation laws. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 11/29/12, 12:02 pm

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