Legal Question in Employment Law in California
Short term disability, return to work
I have been off work for seven weeks due to a shoulder injury. My orthopedic doctor released me back to work. My company nurse sent me to the doctor they use for workplace injury. He released me back to work, but said I shouldn't do overhead lifting. My company nurse still will not allow me back to work. With two medical releases can she still keep me away from work?
1 Answer from Attorneys
Re: Short term disability, return to work
Not enough is known from your question to give a good answer. You don't state what kind of work you do and whether overhead lifting is an essential qualification for your job.
There should be some form of interactive dialogue taking place to see if the employer can reasonably accommodate you until you can fully recover. Human Resources should be involved in this process. It sounds as though this nurse thinks she knows more than the doctors you saw. You will need to get other involved.
If you can't get a Human Resourse manager to help you, consult with an experienced employment law attorney in your area for advise and assistance.
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