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DOT Physicals - Company Doctor or Your Own?
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<blockquote data-quote="Dark_Team_135" data-source="post: 686942" data-attributes="member: 17242"><p>This isn't entirely true. I know this because UPS used one of "their doctors" to deny a driver his DOT card because he had migraine headaches but he was using FMLA days to cover his absences. UPS got tired of the driver missing (which the law gave him the right to do) so they sent him to their bought-and-paid-for doctor to take his DOT card from him after they told the doctor up front that he had many issues because of the headaches.</p><p></p><p>He filed an FMLA complaint with the DOL and they determined that UPS was discriminating against the driver for using FMLA but they only gave him a right to sue letter but wouldn't go after UPS themselves. I suggested that the driver go to a different DOT doctor and of course he passed and brought his certification to the company. They told him that they had the right to determine who did their DOT physicals and refused to accept the new one.</p><p></p><p>The company finally agreed to send the driver for a 3rd doctor opinion (a specialist in neurology) and again the driver was cleared to drive when he wasn't having a migraine and the doctor said that if the driver did have a migraine and couldn't work, his FMLA could be used for those days. The problem was that this specialist wasn't approved to issue a DOT card so the company sent the driver back to their quack and he again denied him!</p><p></p><p>We finally contacted someone at the FMCSA and they have a way to settle arguments like these between doctors and approve a DOT card, however they also said that a company has the right to choose a specific doctor to perform these physicals and you can't get a different doctor to approve you to get around it. They said that you could use the new certification to work at any other employer if they would accept it, but you couldn't force UPS to allow you to drive unless you could be cleared to do so by their quack of choice...</p></blockquote><p></p>
[QUOTE="Dark_Team_135, post: 686942, member: 17242"] This isn't entirely true. I know this because UPS used one of "their doctors" to deny a driver his DOT card because he had migraine headaches but he was using FMLA days to cover his absences. UPS got tired of the driver missing (which the law gave him the right to do) so they sent him to their bought-and-paid-for doctor to take his DOT card from him after they told the doctor up front that he had many issues because of the headaches. He filed an FMLA complaint with the DOL and they determined that UPS was discriminating against the driver for using FMLA but they only gave him a right to sue letter but wouldn't go after UPS themselves. I suggested that the driver go to a different DOT doctor and of course he passed and brought his certification to the company. They told him that they had the right to determine who did their DOT physicals and refused to accept the new one. The company finally agreed to send the driver for a 3rd doctor opinion (a specialist in neurology) and again the driver was cleared to drive when he wasn't having a migraine and the doctor said that if the driver did have a migraine and couldn't work, his FMLA could be used for those days. The problem was that this specialist wasn't approved to issue a DOT card so the company sent the driver back to their quack and he again denied him! We finally contacted someone at the FMCSA and they have a way to settle arguments like these between doctors and approve a DOT card, however they also said that a company has the right to choose a specific doctor to perform these physicals and you can't get a different doctor to approve you to get around it. They said that you could use the new certification to work at any other employer if they would accept it, but you couldn't force UPS to allow you to drive unless you could be cleared to do so by their quack of choice... [/QUOTE]
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