Legal Question in Disability Law in California
Disability
Does an employee have the right to refuse to see the employers doctor if he has been treating with his own physician, chiropractor, who has placed him on disability? The reason I ask this is that I feel the employer's doctor is not going to be neutral in his decision and that he will be partial to the employer, thank you.
2 Answers from Attorneys
Re: Disability
I think your question is related to a worker's compensation injury and your employer apparently attempted to send you to their (or insurance company )doctors. You are correct that many of employer's doctors are bias but there are ways to change your treating physician. Call us at 213.388.7070 to discuss your options.
Re: Disability
If you are seeking job protection under the FMLA or its California equivalent, and the employer has reason to doubt the validity of your doctor's certification, the employer has the right to seek a second opinion, at its expense. If their doctor disagrees with your's, then both you and the employer must mutually agree to have a third doctor perform an examination, at the employer's expense. This third diagnosis if final and binding.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
