Legal Question in Workers Comp in Ohio

I had a work related injury that required surgery may 2009. I returned to my federal job Sept2009 on light duty, my nurse manager was angry and wanted a date off light duty. My Dr gave me 2 permanent restrictions in Nov 2009 and I have performed my job without any negative performance incidents since. Today 9apr2010 I was informed I am to participate in a fit for duty. What legal reason so they have being there has been no decline in my performance?

My nurse manager has been harassing me for 8 years due to my military reserve commitment and this fit for duty arose after another conflict regarding my military obligation.

Asked on 4/09/10, 7:39 pm

1 Answer from Attorneys

David Michael Benson Benson Law Firm

My understanding is that employers may not seek a second opinion as to an employee's fitness for duty once certification has been received. If the employer has questions about the certification, he or she may contact the employee's clinician for clarification. The employer should not force an employee to submit to a further exam.

That said, if the return-to-work certification is unclear or confusing -- and if the employer has a policy of requiring an independent exam in such cases -- I believe an employer may require an independent exam.

If you wish to discuss your issue further, you may schedule a free consultation at 216-241-2510.

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Answered on 4/19/10, 3:24 pm

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