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Medical Examinations

Law School Toolbox

Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)

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Welcome back to the Law School Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure – specifically, the following topics related to discovery: motions to compel, interrogatories,...more

Parker Poe Adams & Bernstein LLP

OSHA Proposes Eliminating Medical Evaluation Requirement for Some Respirators

As part of its deregulatory initiative on July 1, the federal Occupational Safety and Health Administration proposed deleting requirements for medical evaluations before employees are permitted to use certain classes of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Unreasonable Delays and IMEs: The Fifth Circuit Provides Guidance on Reasonable Accommodations Under the ADA

A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more

JUSTICENTER

Auto Accident Litigation in California: A Guide to Maximizing Compensation

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Car accidents can be extremely expensive in terms of medical expenses, property damage, and loss of income. An auto accident can also cause overwhelming physical pain and emotional trauma. You deserve compensation for all the...more

Holland & Knight LLP

Ministerio del Trabajo de Colombia modifica la normatividad de exámenes médicos ocupacionales

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El Ministerio del Trabajo de Colombia expidió la Resolución 1843 de 2025, mediante la cual reguló la práctica de las evaluaciones médicas ocupacionales, con el fin de garantizar un entorno de trabajo seguro y saludable,...more

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

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Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

Vorys, Sater, Seymour and Pease LLP

Seventh Circuit Holds That Unlawful Medical Inquiries Trigger Claims Under the ADA for Non-Disabled Employees

On April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Illinois, Indiana and Wisconsin) issued a landmark ruling that could allow non-disabled workers to recover back pay under a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again

On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). ...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

The Americans with Disabilities Act prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations, but limits these damages to discrimination on...more

Barnea Jaffa Lande & Co.

Israeli Labor Court: Employers May Be Entitled to Demand Medical Exams by Their Appointed Physician

The Regional Labor Court recently ruled that the time has come to entitle employers, under special circumstances, to demand that employees undergo medical examination by a physician on the employer’s behalf, even after an HMO...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

Marshall Dennehey

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

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Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

Maison Law

Independent Medical Exams in California Personal Injury Claims

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In California personal injury cases, many plaintiffs must undergo independent medical examinations (IMEs) to determine the extent of harm done. The results of these evaluations can significantly impact the outcome of their...more

Seyfarth Shaw LLP

Navigating the Medical Examination Requirement for Form I-485: A Comprehensive Guide

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As of December 2, 2024, USCIS has updated its policy to require that Form I-693, Report of Immigration Medical Examination and Vaccination Record, be submitted along with Form I-485, which is the Application to Register...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Avoid Rejection: Form I-693 Report of Medical Examination and Vaccination Record Is Now Mandatory When Filing Form I-485

To streamline the application process and reduce delays, U.S. Citizenship and Immigration Services (USCIS) has introduced new requirements for certain applicants seeking permanent residency in the United States. ...more

Marshall Dennehey

Southern District of Florida Punitively Enforces Discovery Schedule Against Insurance Company in an Uninsured Motorist Action

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Morgan v. Standard Fire Insurance Company, 2024 WL 2782167 (S.D. Fla. Apr. 22, 2024) - Though this case involves a fairly straightforward issue of a plaintiff pursuing uninsured motorist insurance benefits from her own...more

Ius Laboris

Health examinations around the word

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Under Hungarian law, employers have a duty to ensure that employees can work safely and without risk to their health. One way of ensuring this was through mandatory occupational health assessments. Before 1 September this...more

Littler

Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental...

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Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because...more

Ius Laboris

Hungary drops most ‘fitness for work’ health assessments

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Under Hungarian law, employers have a duty to ensure that employees can work safely and without risk to their health. One way of ensuring this was through mandatory occupational health assessments....more

Stark & Stark

Understanding Workers’ Compensation Costs and Fees in New Jersey

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This is a common question, and it is necessary to fully understand the costs and fees that will be deducted from your award as you consider a potential settlement or are reviewing a judgement by a Judge of Compensation. The...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Constangy, Brooks, Smith & Prophete, LLP

Drugs and alcohol in the workplace: Five fun facts

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

Clark Hill PLC

Court Allows Two GIPA Cases To Proceed Based on Pre-Employment Physical Exams

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While many have heard of Illinois’ Biometric Information Privacy Act, or “BIPA,” Illinois has a similar, although less infamous, statute covering genetic information – the Genetic Information Privacy Act or “GIPA.” While GIPA...more

Seyfarth Shaw LLP

August 2024 Global Immigration Alert

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The month of July 2024 was a busy month for Canada’s immigration programs. The most notable event was the Express Entry draw on July 30, 2024, when 964 “invitations to apply” (ITAs) were issued, targeting candidates through...more

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