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Hi there, I am employee at a large automotive company. I came back to work from STD with a medical accommodation requiring a simple dayshift only accommodation. 2 separate physicians stating the accommodation should be indefinite. Also voluntarily filled out a questionnaire signed by my physician. The employers physician keeps asking me for more information. They keep telling me my accommodation is temporary which is causing me duress and feeling harassed. Does the employers physician have the right to refuse my accommodation recommended by my 2 separate physicians?

Hello,

Unless your employer has reasons to doubt your physician's opinion, they should not second-guess your doctor's list of your restrictions. What's important is that you follow your doctor's recommendation and refuse to do work that does not match your restrictions. If your employer insists that you perform work that violates your restrictions, please contact us as this may amount to a constructive dismissal.

Regards,

Lluc Cerda
Lawyer
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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