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What’s Up, Doc? Medical Conundrums in Arbitration

Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to memorize a script, as a condition of continued employment.

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Procedural rulings during the hearing

Excerpts from workshops on procedural rulings. The subjects include 1) third-party participation; 2) “due process” protections; 3) subpoenas; 4) absence of grievant or key witness; 5) witnesses from the opposing side; 6) medical affidavits; 7) closing arguments, briefs, remedies; 8) token presentations, agreed awards, and disqualification of the arbitrator.

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The article addresses discharge or reassignment for physical or mental inability to perform the work (including being overweight and underweight); temporary and permanent disability distinguished; and the failure of the employee to disclose a physical defect in the job application. (The article is pre-ADA.) Sick leave use, abuse, overpayment and related issues are discussed, as …

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