Hiring with knee help/questions

[MDFF26]

I injured my knee last year, an MRI showed a torn meniscus with possible ACL tear. When my surgeon did the meniscus surgery he noted the ACL was intact. However he still diagnosed me with a completely torn ACL. My knee has healed great after the surgery and I have never had any instability in it. I went for the doctors physical during an employment opportunity and they want to see my doctors records. My surgeon has written a note diagnosing an acl tear but stating I am fit for full duty with a knee brace. Do you guys see a reason the doctors will say I am not fit for hiring or heard of a similar situation and what was the outcome?

[CaptBob]

A lot has changed since ADA. It would have been nice to have that letter that you were fit for duty during your medical to extinguish any concerns instead of being put on hold. It's should work in you favor now.

[sierra83]

what is ADA

[sweetpete]

ADA: Americans with Disabilities Act? I believe...

[CaptBob]

ADA: Americans with Disabilities Act? I believe
Yes.

[MDFF26]

I hope it will go ok. I really don't feel like my diagnosis is correct. If he was in there with a camera and saw the acl was intact I don't see how he can say its torn. Either way I hope the doctors note is enough. And that you don't need acl surgery to function in life.

[FFG123]

ADA: Americans with Disabilities Act? I believe
Yes.

isn't that for mentally challenged? or somebody with a deformity? i dont think a torn ACL would fall under that...

[ogomez]

2nd opinion

Either its torn or it isn't, partial or complete. If his report showed an intact ACL why does he insist on calling it torn? Maybe get a 2nd opinion

[CaptBob]

isn't that for mentally challenged? or somebody with a deformity? i dont think a torn ACL would fall under that...

What do you do if you have not passed the a part of the medical or psyc test?

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.

[FFG123]

What do you do if you have not passed the a part of the medical or psyc test?

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.

not sure but the system seems to be messed up....if it truly followed the Disability Act then there would be no Psych exam... i know a lot of people who received a DQ due to ADD or ADHD

[paulLepore]

I agree with the ADA reference. The challenge you MAY have though is if you are required to wear a knee brace 100% of the time. This could be problematic for you. Having said that though, you would have an argument as people are required to wear contacts 100% of the time an still get hired. You could make the same argument.

The City doctor usually defers to a specialist such as your Orthopedic Surgeon. In this case, it may get tricky if your doctor says you must wear a brace to function at 100%.

The issue is that once the department hires you they own you - and all of your PRE-existing injuries.

Good luck with your process. I think this is beatable. Education on the subject is power for you.

[MDFF26]

I agree with the ADA reference. The challenge you MAY have though is if you are required to wear a knee brace 100% of the time. This could be problematic for you. Having said that though, you would have an argument as people are required to wear contacts 100% of the time an still get hired. You could make the same argument.

The City doctor usually defers to a specialist such as your Orthopedic Surgeon. In this case, it may get tricky if your doctor says you must wear a brace to function at 100%.

The issue is that once the department hires you they own you - and all of your PRE-existing injuries.

Good luck with your process. I think this is beatable. Education on the subject is power for you.

He said to wear the knee brace to prevent injury.

[paulLepore]

Was wearing a knee brace documented in his letter, or was it is "recommendation?" If it's a requirement to PREVENT further injury, it MAY be problematic. Hopefullythe letter says you are fit for duty without having to wear the brace. I believe the water will be much less murky that way.
Look at it from the City's standpoint. Will you have to sleep with it on? What are the chances for further injury? If it's a requirement, what happens each time you get up for a call. Do you have to put it on? Will this increase response times? What happens if you "forget" to put it on?

I hope this gives you a little more insight.

Good luck to you....

[FFG123]

Was wearing a knee brace documented in his letter, or was it is "recommendation?" If it's a requirement to PREVENT further injury, it MAY be problematic. Hopefullythe letter says you are fit for duty without having to wear the brace. I believe the water will be much less murky that way.
Look at it from the City's standpoint. Will you have to sleep with it on? What are the chances for further injury? If it's a requirement, what happens each time you get up for a call. Do you have to put it on? Will this increase response times? What happens if you "forget" to put it on?

I hope this gives you a little more insight.

Good luck to you....

agreed!! and like i say in every other thread.....There are 4885757 people going through the process with healthy knees...do you think the cheap cities would want to take a chance on you hurting your knee even more and then have to pay you for it? Goodluck though you never know!

[MDFF26]

agreed!! and like i say in every other thread.....There are 4885757 people going through the process with healthy knees...do you think the cheap cities would want to take a chance on you hurting your knee even more and then have to pay you for it? Goodluck though you never know!

My answer to that would be that I tested better than those 4885757 people on my written exam, oral board interview, and passed the physical fitness test. I shouldn't be eliminated because I have a chance that I am at risk for a knee injury, and since I passed the physical fitness test they should not be awarded a job due to that.