Hey, Michelle!
There are several ways to approach this, but the bottom line remains the same: the doctor cannot universally stand on a "no work" statement. Differentiated from this, a doctor- who knows, or is trained in knowing, the physical and cognitive requirements- and the ADA modifications available to that job- may issue a medical opinion as to the subject's physical and cognitive abilities to perform related and specific job requirements. Simply put, doctors are not trained in the world of work particulars and in labor market requirements. Vocational Counselors are, however. Doctors, in a court of law, where their Scope of Practice may be examined, cannot merely disable people from "working" regardless of their diagnosis(es), perhaps beyond that of a permanent coma.
Attached are some citations that I rely upon in my own reports on this topic. I trust you may find them helpful.
Cheers!
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Bob Paré, MS, CRC, LRC, CDMS, FVE, ABVE/D
rpare@consultativerehab.comMt. Laurel, NJ. Tel: 609-531-2529
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Original Message:
Sent: 11-29-2023 12:26
From: Michelle Weiss
Subject: physicians providing vocational opinions
<o:p> </o:p>
Hi all:
I am seeking any case citations/decisions/unreported opinions stating that an orthopedic surgeon (or other medical doctor) cannot provide vocational opinions regarding the ability to work or be employed.
I believe this was a recent discussion but I cannot locate it. If you recall it and can direct me, please advise.
Thank you.
Best regards,
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Michelle McBroom Weiss, MA, CRC, CCM, NCC, MSCC, ABVE/D, IPEC
Vocational Consultant
5543 Edmondson Pike
Suite 128
Nashville, TN 37211
(P) 615.834.0186
(F) 615.831.5274
(C) 615.308.6395
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