Medical Examinations

News & Analysis as of

2015 Cost of Nevada PPD Exam

Effective 2/1/15 through 1/31/16, the cost of a permanent partial disability evaluation on a Nevada workers’ compensation claim is $754.62. That is for two body parts. The cervical spine is considered one body part, the...more

Job descriptions continue to be critical in defending against disability claims

The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an...more

5 tips on how to document your medical condition for SSD

Many Social Security Disability claims are denied for medical reasons. In August 2014, the Social Security Administration reported that over 20 percent of all 2010 SSD claims were denied on this basis....more

Can I see my own doctor if I have suffered a work injury?

According to the U.S. Bureau of Labor Statistics, nearly one in 30 American employees faced a work-related injury or illness in 2012. A workplace accident can be traumatic and disruptive. If you are hurt on the job, Illinois...more

Medical Marijuana Use and the ADA – A New Intersect

On behalf of your company, you hire a new employee. As part of the hiring process, the new employee must complete a satisfactory physical examination, including passing a drug test. During the physical exam, the new employee...more

What happens in a Social Security Disability consultative examination?

Inadequate medical evidence is a common reason for Social Security Disability claim denial. However, when people seeking SSD benefits in Chicago fail to provide all of the evidence necessary for a final claim decision, the...more

Expert Medical Evidence Is Required to Prove Accommodations Offered Were Not Reasonable, New Jersey Appellate Division Holds

In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held...more

2015 Virginia Employment Law Pocket Guide

In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

Chiropractors in Nevada Rule the Rating List for PPD Exams

The Division of Industrial Relations (DIR) is the Nevada sub-agency responsible for maintaining a list of doctors authorized to perform impairment evaluations, also known as ratings, on injured workers with Nevada workers’...more

Personal Injury: The "Independent" (Defense) Medical Examination Required By Law

This is part of a series of blogs that discusses what a client can expect during various stages of a personal injury case. This post addresses what happens when the defense has the Plaintiff examined by a doctor in what is...more

EEOC Wellness Program Suits Highlight Need for Agency Guidance

The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens ”involuntary” and thus violate Americans with...more

EEOC Settles GINA Claim Against Employer That Solicited Family Medical Histories

The Equal Employment Opportunity Commission has made emerging issues in employment discrimination law one of its national enforcement priorities. Last week, the EEOC settled a lawsuit brought against a California seed and...more

Mainstream Wellness Program Challenged in EEOC v. Honeywell

Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Amsted Rail’s Hiring Practices Violate Disability Discrimination Law, EEOC Charges in Lawsuit

Medical Clearance Process Derails Applicants' Hopes for Employment, Federal Agency Says - ST. LOUIS -- Amsted Industries, Inc. and Amsted Rail Co. Inc., a leader in the manufacture of steel castings for the rail...more

Corporate Wellness Programs: It’s Time for a Check-Up

The EEOC is back at it! This time it has targeted corporate wellness programs and is challenging the legality of such programs under the ADA. The EEOC contends that the biometric testing and health risk assessments are...more

Minnesota Judge Issues Blow to EEOC’s Challenge to Corporate Wellness Program (For Now, Anyway…)

Can an employer require employees to undergo biometric testing or suffer penalties under their health benefit plan as part of a corporate wellness program? On November 3, U.S. District Judge Ann Montgomery refused to grant...more

Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination

Class of Job Applicants Was Subjected to Illegal Medical Exams and Family Medical History Inquiries, EEOC Charged - SAN DIEGO, Calif. - Three Southern California seed and fertilizer providers - All Star Seed, Inc., La...more

Federal Judge Rejects EEOC's Attempt to Block Honeywell's Wellness Program

Last week, EmployNews reported a lawsuit filed against Honeywell by the Equal Employment Opportunity Commission challenging a new wellness program the agency alleged violated the Americans with Disabilities Act and the...more

Employment Law - Oct 2014 #3

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

BREAKING: EEOC Seeks Court Order To Halt Honeywell’s Biometric Testing

The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health...more

Ebola and the Workplace: Frequently Asked Questions

After two Dallas nurses have contracted Ebola and the deadly disease continues to spread in West Africa, employers increasingly face the unique challenge of maintaining a safe workplace while avoiding potential legal...more

EEOC Lawsuit Challenges Flambeau Over Wellness Program

Threats of Insurance Cancellation and Discipline Make Program Involuntary and Violate Disabilities Act, Federal Agency Charges - MADISON, Wisc. - Flambeau, Inc., a Baraboo, Wis.-based plastics manufacturing company, is...more

Fast Five: Rhode Island Appellate Practice - September 2014

In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of...more

Employee Lawfully Terminated for Failure to Undergo Psychological Exam

In Kao v. University of San Francisco, a California appellate court upheld a jury’s verdict that the University of San Francisco (“USF”) lawfully terminated a professor who refused to undergo a fitness-for-duty examination....more

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