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information: a statement that the employee is 50 percent or less disabled,
an estimated date of full recovery that is within 80 calendar days of the date
of the medical examination, and a statement of the physical limitations
which need to be taken into consideration in developing the employee’s
mandatory alternate duty assignment. This documentation may be provided
by a SIF or other State-selected physician or by the employee’s attending
physician or be a combination of information from these sources.
All medical documentation should be treated confidentially and great
care should be exercised to protect employees against the indiscriminate
dissemination or use of the medical information it contains. However,
appropriate agency staff are entitled to have access to the medical
information related to an employee’s physical limitations to the extent it is
necessary (1) to evaluate the employee’s ability to participate in the
Mandatory Alternate Duty Program and (2) to develop an appropriate
assignment.
In certain instances, agency management will need additional medical
information beyond the original documentation regarding an employee’s
participation in the Mandatory Alternate Duty Program. This need usually
can be met by requesting more detailed information from the examining
physician. Occasionally, agencies may need to have the employee
examined by a physician selected by management. In those cases where
agency management feels the need to have the employee examined by a
physician selected by management, the agency shall make a reasonable
effort to complete a medical examination within 20 calendar days from
receipt of the employee’s request for a mandatory alternate duty
assignment.
When agency management fails to complete the medical examination and
reach a decision regarding the employee’s eligibility for an alternate duty
assignment within the 20 calendar day period, the employee shall receive
a supplement equal to the difference between the employee’s full 100
percent disability statutory benefit rate and the partial statutory benefit rate
being paid to the employee by the SIF until the examination is completed
and a decision made. This provision shall not apply where the failure of the
agency-selected physician to complete the medical examination is
attributable to the employee’s failure to appear for the examination, the
employee’s refusal to allow it to be held, or the employee’s refusal to
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