.111 EHS provides examinations and medical evaluations of employees in connection with workers' compensation injuries or illnesses prior to the termination of employees in accordance with Section 71 and Rule 5.9 of the Official Compilation of Codes, Rules and Regulations. (See Section 2620 (H) for information concerning reinstatement following termination.) Rule 5.9 provides that when an employee requests restoration to duty during a workers' compensation absence, the employer may "require the employee to undergo a medical examination, by a physician designated by the appointing authority..." when management is not satisfied that the employee is medically fit to perform the duties of his/her position based on medical information provided by the employee. In the absence of any other information, such as a State Insurance Fund consultant report, an EHS examination may be appropriate.
EHS is available to conduct these examinations at any time that the employee is requesting return to duty during the course of an absence up to and including after management has notified the employee of a pending termination in accordance with Section 71 but before the actual termination date.
EHS is also available to conduct examinations in connection with returning an individual to work on an alternate duty basis.
.112 Location—Workers' compensation examinations are conducted at the EHS medical examination centers and at the offices of EHS consulting physicians in the following cities: Binghamton, Buffalo, Elmira, New York City, Plattsburgh, Poughkeepsie, Rochester, Stony Brook, Syracuse, Utica, Watertown, and White Plans. Agencies choosing to have evaluations conducted at locations other than the Cohoes medical examination center or by consultants who are not employees of the Department of Civil Service must pay that provider's fee.
