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Article: Ruling on return-to-work tests sets fine line for employers; Evaluation allowed of injured workers, not a medical exam.(NEWS)(Kris Indergard vs. Georgia-Pacific Corp.)
- Article from:
- Business Insurance
- Article date:
- October 5, 2009
- Author:
CopyrightCOPYRIGHT 2009 Crain Communications, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Byline: ROBERTO CENICEROS
Employers may need to re-evaluate functional ability tests given to injured employees to make certain they are capable of returning to work safely as a result of an appeals court decision last week, attorneys say.
In that case, the 9th U.S. Circuit Court of Appeals ruled 2-1 that an employee can sue Georgia-Pacific Corp. for violating the Americans with Disabilities Act because of the way a vendor administered an evaluation for an injured employee trying to return to work.
Such tests are known as both physical capacity evaluations and functional capacity evaluations.
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