Jottings By An Employer's Lawyer

Sunday, June 11, 2006

M.D. Not An Employee for ADA Purposes

A bi-polar physician who retained his hospital privileges only after agreeing to the following restrictions:
meet periodically with a monitoring physician; meet with [certain medical officers] upon demand....take mandatory vacations; limit the time he was on call; participate in therapy; take prescribed medications and refrain from taking unprescribed medications; consume no more than three glasses of wine per week; submit to random biological fluid collection; submit to . . . mental, physical or medical competency examinations demanded of him; limit traveling; release all medical or other personal information relevant to his impairment; submit to review of 100% of his surgical cases for a period of six months from the date of reinstatement; and submit a formal proctorship of his clinic and hospital practice.
was still not an employee for purposes of his ADA and Rehabilitation Act claims. Wojewski v. Rapid City Regional Hospital, Inc. (8th Cir. 6/9/06) [pdf].


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