If an employee is unwell for a period of time, employers often seek further information about the employee’s ill health. This information can be obtained from either the employee’s medical doctor or an independent medical expert retained by the employer.

What information will be sought?

The information you obtain will seek to answer the following questions:

• When will the employee be able to return to work?
• Is the employee currently capable of performing the inherent requirements of their position?
• If the employee is not currently capable of performing the inherent requirements of their position, will they be able to do so in the foreseeable future?
• Are there any reasonable adjustments that could be made to enable the employee to perform the inherent requirements of the position?

What happens if you receive contradictory medical opinions?

If conflicting medical opinions exist, you must consider whether there are good reasons to prefer the medical opinion of one doctor over another. An employer cannot choose to follow the medical opinion of its own doctor over another, simply because it has paid for that opinion.

Relevant considerations may include:

• whether one doctor is a specialist as opposed to a general practitioner (a relevant specialist medical opinion is generally preferred);
• whether the doctor has familiarity with the employee and the medical issue from treating them over a period of time;
• whether the doctor understands the inherent requirements of the employee’s position, and the tasks and duties they are required to perform;
• the basis for the medical opinion being expressed;
• whether the medical opinion has a logical basis, is reasonable and within the medical expertise of the doctor;
• the number of times the medical doctor has assessed the employee and the relevance of the assessment; and
• whether there is any supporting material, such as blood tests, scans and completion of assessment tools, which support the medical opinion.

By Kelly Godfrey