Have you stopped hitting your wife?

The Art of the Loaded Question Meets the Americans with Disabilities Act Service Provider   On a regular basis I receive a phone call from a seasoned work evaluator who has come face-to-face with the loaded question, “How many of these cases have you litigated?” The caller is typically an occupational therapist or physical therapist […]

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Mitigating Workers’ Compensation Cost with ADA Title I Post-Offer Nerve Conduction Data

A colleague asked me to confirm the forensic value of nerve conduction data (NCD) harvested from a post-offer employment test (POET). He was specifically interested in sharing post-offer test data to apportion treatment and rehab costs in a State workers’ compensation system. The use of medical information obtained during the conditional-hire phase of employment (as […]

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Physician-Vendor Ignorance of the ADA Title I Leads to Another Federal Lawsuit

Oilfield Instrumentation, USA, Inc., an oilfield services company operating in at least 6 states, is another in a long line of employers ill-served by a medical examination vendor’s lack of fidelity to Title I of the Americans with Disabilities Act. In this case Dr. Francisco Silva of Acadian Health Services Clinic, a purveyor of occupational […]

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Shining a Light on Fit-for-Duty

Fitness-for-Duty Vendor Entangles Cummins Power in Title 1 and GINA Trap Here is another cautionary tale for employers who hire outside medical professionals to administer ADA Title 1 employment tests. Although occupational therapists, physical therapists, and physicians who provide post-offer employment testing and functional capacity evaluation for stay-at-work or return-to-work may not be first in […]

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