Shoulder injuries cost job??

[sirenheadrs]

Has anybody ever heard of a past shoulder injury (ie:dislocation x1) being a qualified reason as to not receiving final employment? After over 3 months of testing and passing the physical fitness test, the medical physician wouldn't clear me based upon my history of injury to my shoulder without surgical intervention.



Sirenheadrs

[FTMPTB15]

never heard of that... as long as you have 90% use of your shoulder I can't see why it would be a problem. but, like I said, I've never heard of that.

[Steamer]

Has anybody ever heard of a past shoulder injury (ie:dislocation x1) being a qualified reason as to not receiving final employment? After over 3 months of testing and passing the physical fitness test, the medical physician wouldn't clear me based upon my history of injury to my shoulder without surgical intervention.
That seems a little misguided at best, especially with a history of only one dislocation, proivided there is no loss of mobility.

I had a total of four dislocations of my left shoulder. Once playing football and three playing baseball in high school. I worked as a firefighter for something like 18 years without a problem. I eventually broke my humerous on the job, and they put a metal rod inside the bone in my arm to fix it. Part of that surgery necessitated dislocation of my shoulder and subsequent repair of the rotator cuff. Otherwise, I would have never done anything to it.

Tons of people have had a single dislocation without a subsequent event. I'd go to a sports medicine or orthopedic doc to get him to write an opinion for me. Disqualification seems to be pretty radical based on a single event.

[CaptBob]

Many of the injuries that used to keep candidates from getting hired has changed since the Aid to Disabled Americans law went into affect.

Now many agencies will set a base line if they evaluate a potential medical problem for future reference.

What do you do if you have not passed
the medical test?

Most agencies are not aware that if you are conditionally offered a position if you pass the medical, Pre-employment medical examinations must comply with the Federal Americans with Disabilities Act and in California with the California Fair Employment Act Section 7294.0(d) of title 2 of the California Code of Regulations states:

(2) Where the results of such medical examination would result in disqualification, an applicant or employee may submit independent medical opinions for consideration before a final determination on disqualification is made.

What this states is that if you have not passed a medical test that, you should be given the chance to obtain a second opinion. Cities and agencies might not be aware of this law. Most people are unaware that they can appeal the decision.

[sirenheadrs]

Thanks to those who responded. I'm just about to send out my appeal letter to the Police and Fire Commission. Does anyone know of any case history regarding such matters? I've got old doctor letters, sport therapist letters, but don't know of much regarding similar cases. I'm throwing in language from the EEOC regarding assumptions made against me after I passed their physical fitness test and then was denied employment with a reasoning of "not fit for duty". Comments and suggestions, I can use them all. Good or bad. Thanks!


Sirenheadrs

[CaptBob]

Have a professional help you write the letter so you're on solid ground.

Captain Bob

www.eatstress.com