Legal Question in Employment Law in California

to test or not to test

Is there a law saying that I must submit to a urine collection and drug test when I am required by my employer to be examined by a workers comp doctor of their choosing? What if this exam is three weeks after my injury and I have been under the care of my HMO doctors at Kaiser who have put me on off work orders from the start? This injury is due to overuse of the tendons in my knee and there was no ''accident'' where somebody was hurt. My company does not ever require drug testing to my knowledge and does not mention it in the employee manual. I have never been accused or suspected of using drugs. No notice was given to me that I was going to be required to submit to body fluid sampling and collection if I tried to make a workers comp. claim. A refusal is equivalent to a positive test and the dr. informs whomever it is he informs. Can I be fired for or denied workers comp benefits for refusing to submit a urine sample and not testing for this second doctor? And whose care am I under my HMO doctors or the company's workers comp doctor, when the original off work order came from my HMO and I informed my boss before I went that I was going to my own doctor and she did not object or provide another doc to go to? Can I be reimbursed?

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?