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Mervelee Advocacy

Occupational Medicine and Disability LawHIGHLIGHTSOccupational medicine poses difficult conflicts of interest between practitioners and employees.The laws governing the physician–patient relationship are modified in occupational medicine.Occupational medicine practitioners must understand the applicable state and federal laws.Occupational medical records in private offices are subject to inspection by OSHA and labor unions.Communicable diseases pose special workplace risks.IntroductionOccupational medicine is characterized by conflicts between the employee’s interests and those of the employer. These conflicts arise from the employer’s obligation to pay for workplace injuries and disabilities, and potential regulatory sanctions against employers who have disproportionate numbers of OSHA (Occupational Safety and Health Administration) reportable events. It is to the employer’s benefit to minimize injuries and to attribute them to off the job activities or personal illness. Conversely, in today’s marketplace, many employees have limited or no personal health benefits. This gives the employee an incentive to claim that personal medical…

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