Does an employer need to consult with the employee before reversing a decision made by the employee's doctor?

California, United States of America


The following excerpt is from Lowery v. L.A. Cmty. Coll. Dist., B239179 (Cal. App. 2013):

16. In Hanson v. Lucky Stores, Inc., supra, 74 Cal.App.4th 215, as here, the employer had relied on the doctor's permanent and stationary report, consultations with vocational and rehabilitation specialists, and comparison of the doctor's work restrictions with the job's requirements; its failure to confer with the employee about accommodations did not require reversal. (Id. at p. 229 ["reversal for the sole purpose of requiring [the employer] to discuss the same issues with [the employee] himself would unreasonably laud form over substance"].)

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