If you visit a doctor to get a recommendation regarding work restrictions or necessary accommodations at work due to a disability, it is in your best interest to work closely with your doctor. Make sure your doctor puts nothing in writing before you first discuss with him or her and know precisely what the doctor intends to recommend. If your doctor’s recommended accommodations or restrictions are overly strict, overly burdensome, or beyond what you require, it is your job to clarify or correct any misstatements. If necessary, you may need to submit additional documentation contradicting your doctor’s recommendations. You must be your own advocate because courts may side with an employer who makes a decision against an employee’s interests if that decision was based on the employee’s own doctor’s recommendations. For instance, in Wulff v. Sentara Healthcare, Inc. (4th Cir. March 4, 2013), a nurse lost on her failure to accommodate and disability discrimination claim. When the nurse’s employer claimed they could not accommodate her doctor recommended lifting restrictions, the nurse argued that her health care provider overstated those lifting restrictions. She argued that she could in fact lift more weight than her doctor believed. The Fourth Circuit affirmed summary judgment for the employer stating the nurse submitted the restrictions without clarifying or correcting the alleged misstatements and therefore her employer was justified in following the restrictions. In Hohn v. BNSF Railway Company, (8th Cir. February 28, 2013), the employer required the employee to get an eye examination. The employee selected his own doctor who recommended that he not work in any job requiring more than 15 degrees of visual field. The employee’s job at the railway required 360 degrees of vision. Based on the doctor’s recommended work restrictions, the employer did not return the employee to work. The employee lost on his disability discrimination claim, in spite of his argument that he could do work that exceeded his doctor’s restrictions. The court noted:“[t]he ADA does not require an employer to permit an employee to perform a job function that the employee’s physician has forbidden.” The lesson here is to always review any recommendations your doctor makes before submitting them to your employer. If those recommendations are beyond what you think you need see if your doctor is willing to re-evaluate you or go get a second opinion. Furthermore, let your employer know that you do not agree with your doctor’s recommendations. Advocate for yourself, don’t just sit back and let your doctor and employer make decisions that can impact your ability to work. If you need assistance regarding work restrictions or accommodations, contact us. Our attorneys have experience handling disability discrimination claims and reasonable accommodation issues.
