Re: Rule 26 a

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On 12/08/06, Eddie W Bell wrote:
> While in full compliance of FLMA my employer demanded that
> i give them full rights to my medical records or i would
not
> be able to return to work is that a violation of my privacy
> rights ? I would like to add i am a former US Army solider
> who served in Desert Storm 101st Airborne . After doing
> research I come across the PRIVACY Act of 1974 .All my
> medical records past and present belong to the Department
of
> Veterans Affairs.Was my employer in violations at this
> point? I currently have a federal case pending in the
Untied
> States District Court at this time I currently have no
> legal conceal.My main question is since I made it this far
> do I have a fair chance of moving forward ?

Your employer is not entitled to access to your medical
records. They ARE entitled to have reasonable information
from your doctor verifying your ability to return to work
and any restrictions you may have. If they find that
insufficient and/or question your doctor's recommendations,
they may have you see a physician of their choosing (at
their expense) to evaluate your fitness to return to work.
Their doctor may contact your doctor to discuss your medical
condition but that information remains between the two
doctors unless you authorize it's release.