Legal Question in Employment Law in California

Hello,

Last weekend I injured my back while twisting. I was at home. I did not want to return to work until it felt better. Yesterday, I called my boss at work and let him know that I would return to work today, thursday. He said that he thought that I had to have the company medical department examine me before I could return to work. Since this did not happen at work and I am fine, I dont think they have the right to examine me for anything. I have been there for 30 years and never seen anyone have to return to work through medical. What if I had an opperation on my penis? do they have the right to know those personal details? Back, foot, eye, ear...... I understand if it was a work injury but it was not. My boss, is making a judgement call although he is not a medical doctor without even seeing me. This seems like they are singeling me out I am 100% better for some kind of work reduction...

Do I have the right to tell them that I will not be examined because there is nothing wrong? And they are making judgement calls baised on no facts? Please help....

Thanks, Tim


Asked on 1/13/11, 1:06 pm

1 Answer from Attorneys

You don't tell us what your job is, and that is probably the key. Since a twisted back prevented you from working, however, it seems that your job involves some kind of physical movement, as opposed to sitting at a computer like I do. If so, your employer absoutely has a right to have you checked for two reasons, both having to do with OSHA and workers compensation issues. First, they have not only a right but a duty not to put you to work if there is an underlying condition that will be agrivated by your work. Just because you feel fine, doesn't mean you are. If you have an unresolved issue that could be agrivated by your work, they need to check that out. Second, they have a right to establish a baseline of your condition, again for liability purposes. If you throw out your back at work and submit a workers compensation claim, they have a right to know if they have a defense that it was a pre-existing condition acquired at home rather than on the job. If you really are fine, this also protects you from them asserting that defense if you are later injured on the job. And to answer your other question, they would have a right to clear injuries to your manhood too, . . . if you are a porn star.

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Answered on 1/18/11, 1:42 pm


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