Malpractice or Deceptive Trade Practice Violation?

Question

I was mandated by my employer to undergo a Fitness For Duty Evaluation. Employer utilized "deception & intimidation" to ensure attendance. The Dr. also used "deception", and refused to give me a copy of the Evaluation. Stating that "no Dr. / Patient relationship" existed, so he was not required to provide one.

I was deceived by the employer into believing that I was attending this "Evaluation" as part of my recent FECA/FMLA claims for a physical injury at work. The Dr. also claimed that I would have to request my "copy" from the Department of Labor.

This "Occupational Medicine Doctor" proceeded to perform what can only be described as a "Psychiatric Evaluation". Once I finally obtained a copy of this Doctors' Evaluation, I discovered that the Dr. stated in his Evaluation that "he was not qualified to perform the requested Evaluation!"

My employers' actions and the Doctors, have caused growing stress, causing weight loss, hair loss, loss of sleep, now I wear kevlar to work.

I am a Federal Employee, "unionized" workforce, which restricts Fitness For Duty Evaluations to ONLY physical injuries, and MUST stipulate the purpose of the Evaluation. Union Steward integrity has been "compromised' (under investigation), so he has been assisting employer "against" members of the Union.

Answer 1

I would encourage you to talk to a lawyer and give him or her all the details of your case. No one here would be qualified to tell you if there was any kind of legal violation without knowing all the details, as well as where you live as local laws do vary. Most lawyers will not charge for an initial consulation fee, and this also sounds like it may be a contingency case, which means that the lawyer gets paid only if you get a settlement. (This makes it tougher to find a lawyer sometimes, but also tells you if you have a strong case.) Make sure you keep whatever you do have in writing from your employer or anyone, such as that evaluation.

Good luck.

Answer 2

Talk to your HR department.

Workers Comp is not my thing - but if your filed a claim for a work injury then under the WC, I believe your employer does have the right to have you checked out by the dr of their choice.