I have a case where an employee went off work with wrist pain just before
transferring to a new role. He alleged work-relatedness rom his previous
role. He had surgery and his consultant subsequently wrote to me stating
that it was probably NOT work related, although workplace activities might
have exacerbated the pre-existing condition. He gave an outline expectation
of the employee's capability over the coming months. The employer wishes to
train him up, so that he can step into the role when he is ready to return.
The consultant advised that he should be fit to return to work in about two
weeks, but until then should not use the affected hand. The managers have
accepted the restriction and wish him to come onto the premises to read
training manuals, watch training videos, observe the job being done by
others and specifically not to write or otherwise use the affected
(dominant) hand.
The employee initially agreed to do this, then called back to say that he
had telephoned his consultant, who had advised him not to return to work
and he would therefore stay away. I wrote to the consultant confirming that
management would accommodate the restriction on the affected hand and
requesting clinical justification for non-use of the unaffected hand. I
received the curt reply that “When I last reviewed this chap I signed him
off work for a further period of two weeks. I have done this for a reason
and can see no reason why I should change this advice.”
I remain of the opinion that the employee could undertake the modified
duties being offered and that the consultant has not and cannot justiify
his advice. He may be concerned that the restrictions will be ignored once
the employee is back at work and that the period is only two weeks, but he
has not stated this. The employee has been driving his car for some time
and has been using the vacuum cleaner at home "using only the left hand."
My advice to management is to pay him SSP only as he has been signed off by
the consultant, but not the remainder of his sick pay as there is no good
reason that he couldn't do the offered tasks. By the time this is sorted
out the two weeks will be up anyway, but I wondered what others think.
I'm particularly interested in the views of the physicians on this list,
especially if you have ever given advice that contradicted/over-ruled a
consultant (not a GP).
Many Thanks,
Trevor Maze
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