Jacqui Rice
Hi, Faced with this situation I would have given the same advice as you did. A Med 3 Cert is only advisory and authorisation for the payment of SSP. It is unreasonable to have a blanket restriction of no work when appropriate restrictions and measures are implemented. Yhe employee has full use of his legs and mental capacity is intact! The only reasonable restriction is to likmit use of the hand which you are doing anyway. Just out of curiosity did the employee see the Consultant on a private basis? I feel the company are justified in witholding company sick pay in this instance. Interesting to see what OHPs on the list think.~~~~~~~~~~~~~~~ Please remove this footer before replying.
Regards
> Date: Fri, 2 Nov 2007 10:13:33 +0000
> From: [log in to unmask]
> Subject: [OCC-HEALTH] Conficting opinions
> To: [log in to unmask]
>
> 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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