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State Management Personnel Manual


2600 Employee Health Service

2620 (C) Worker's Compensation Examinations


.110 General Information

.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.


.411 Workers' compensation examinations are processed under the "Agency Referrals Examinations" procedures. (See SPMM Section 2620(A) and Policy Bulletin No. 90-02.)

  1. In addition to the required information listed in Item 2620(A), a request for a workers' compensation examination should clearly indicate whether the employee is on workers' compensation leave and should also provide the following information:
    • Date of injury
    • Circumstances surrounding occurrence
    • Duration of absence from work (date)
    • Medical reports
    • Copy of form C-2
    • Previous workers' compensation injuries, if any
    • Essential functions of the position
    • Actual tasks assigned to the employee
  2. This information will enable EHS to render a more accurate and responsive determination regarding the employee's fitness. In addition to notifying the employing agency and the employee of its determination regarding the employee's fitness for work, EHS also provides this information to the Workers' Compensation Board and the State Insurance Fund, provided the agency has clearly indicated to EHS that the employee is on workers' compensation leave and provides the case number.

TM-63; July, 2008

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