Legal Question in Disability Law in California

Can I be medically separated if I'm willing and able to return to work?

A co-worker, who has the indentical job description as myself, and I, both sustained on the job neck injuries at about the same time. We both had the same neck surgery, (anterior diskectomy) in the same year, by the same surgeon, using the same follow up physician as well as being rated by the same QME. My only restriction is not to hold the neck in ''a flexed position for extended periods''. My co-worker, although having had 3 previous back operations, apparently had no restrictions. I've been medically released, he's been promoted. Can they do that???


Asked on 2/27/02, 1:13 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Can I be medically separated if I'm willing and able to return to work?

If the company has 15 or more employees, they are covered by the Americans with Didabilities Act. They cannot terminate you for medical reasons. They are probably in big trouble.

Give me a call, if you would like to discuss further. 925-924-0100

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Answered on 2/27/02, 2:41 pm


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