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MarianJack

(10,237 posts)
Wed Feb 8, 2012, 03:17 AM Feb 2012

UPDATED. Some quack BASTARD of a "doctor" REALLY screwed my family and I today...

Last edited Wed Feb 8, 2012, 11:58 AM - Edit history (3)

...and I'm not taking it sitting down for one f***ing second.

I'm going to do all I can to leave out the 4 letter aria of obscenity that I've been singing since just after noon to avoid a hidden thread by a 6-0 jury vote. Allow me to say that in spite of the trembling rage that I feel now, I have been nothing but courteous to this alleged professional of medicine.

I've been out of work for 8 months. Unemployment compensation is over. I was offered a job for the most I've ever been paid last Friday. My references came back glowing. My background checks came back glowing. All I had to do was get through a pre-employment physical, one of which I've never failed to do in my life. My family and I need a paychek or we may wind up homeless again. This bastard quack knows this.

The position that I was supposed to start tomorrow was working with a Mental Health Agency up here in Maine. I would be going into the homes of troubled families who've consented to in-home treatment. My job would be to TALK with these families to help them problem solve in the most effective manner possible for them. I would counsel, coach, model, empathasize (spelling?), and possibly firmly prompt them to make the changes to which they'd agreed in early sessions .

Of about 30 items listed on the job description, the ability to lift 35 pounds, the ability to push 100 pounds (like a person in a wheelchair) and the need to possibly restrain are the last things listed. This is because they are HIGHLY unlikely to happen. By highly unlikely I mean about a 1 in 10,000 chance. I know this from experience. In a similar position about 6 years ago I had 2 instances out of hundreds where I was dealing with highly agitated clients or families. In one of those circumsrances, I talked them down and back to the kitchen table. In the other, the young woman told me to go F*** myself and left the room. She apologized the next time I came to the home.

This self righteous son of a bitch bastard of a moronic quack ignored the fact that I passed EVERY physical request he made of me, ignored the fact that I explained that I've had a bad cold the last few days and that my strength and stamina are somewhat decreased because of this and he latched onto the fact that I said that if I've done something like move furniture ALL DAY my back would be sore and recommended that I be restricted from any physical activity.

This has quite possibly cost me the job.

I have spoken with this "sock-tucking mortar chucker" and explained to him the consequences of his half assed and arbitrary decision to my famiy and I. I informed him of the need for him to reconsider his findings, especially since the issue of my back would have NEVER come up if I hadn't said that my back would hurt in the same circumstances that Hercules' back would hurt. I also mentioned that the doctor who has been treating me for the last 6 years has never recommended any restriction on my activities.

At this point, I've signed a release for my records to be sent to the quack. I had to sign it twice because the first time they sent my real doctor's office a request for them to SEND and not RECEIVE my records. I've also asked my doctor to write the quack a note explaining that she may actually know my health after 6+ years than he does after 20 minutes. Hopefully he'll pull his headout of his crusty boney ass and reverse his "decision". He is also reviewing with his "Medical Director".

I will say this. If this incompetent bastard of a quack moron, who apparently doesn't believe in actually listening to the patient, doesn't reverse his decision, I will contact an attorney and go after his ass, his medical director's ass and the practice's collective ass with everything I possibly can.

The position that he screwed me out of yesterday paid $16 per hour. I was supposed to start this morning at 8:30 AM, so he has now cost me $128 (8 X $16).

I believe that he is shocked to have a victim who actually fights back, but I'm not about to let this f***er "romney" me out of a job that I want, I need and I will do very well in because he's to damn lazy to pay any attention to his temporary patient.

I'll let you know what happens. Thank you for letting me rant!

PEACE!

UPDATE as of 11:53 AM. See response # 17. Thanks.

PEACE!

112 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
UPDATED. Some quack BASTARD of a "doctor" REALLY screwed my family and I today... (Original Post) MarianJack Feb 2012 OP
Rat bastards, they're everywhere. sakabatou Feb 2012 #1
One is certainly here in Maine! MarianJack Feb 2012 #7
I know the physical you speak of . I have to go through one everytime I get a job working with Justice wanted Feb 2012 #2
Thank you, and... MarianJack Feb 2012 #8
Sorry you're having to go through all this crap MJ... Surya Gayatri Feb 2012 #3
Thank you MarianJack Feb 2012 #9
Are things actually bad enough in the good old USA kickysnana Feb 2012 #4
Thank you,kickysana. MarianJack Feb 2012 #10
Best of luck. nt. Mr_Jefferson_24 Feb 2012 #5
Thanks! MarianJack Feb 2012 #11
I just went through the same physical Maine-ah Feb 2012 #6
Thanks Maine-ah. MarianJack Feb 2012 #12
Whatever happens, good for you for fighting back lunatica Feb 2012 #13
This "doctor"... MarianJack Feb 2012 #15
I don't understand Dorian Gray Feb 2012 #68
The employer has a contract with these numbskulls. MarianJack Feb 2012 #69
I guess Dorian Gray Feb 2012 #97
I will. MarianJack Feb 2012 #102
Employers, especially state and local agencies, usually use their own doctor obamanut2012 Feb 2012 #83
Thanks for the explanation Dorian Gray Feb 2012 #98
Thank you for the clarification, obamanut2012. MarianJack Feb 2012 #103
Aw, shit. That just sucks. I hope things work out, this sounds like a really good opportunity. n/t renie408 Feb 2012 #14
It certainly IS a good opportunity... MarianJack Feb 2012 #16
+1 truebrit71 Feb 2012 #19
You speak truth, truebrit71! MarianJack Feb 2012 #21
Update, as of an hour ago... MarianJack Feb 2012 #17
Can your doctor also fax that to the agency your are applying to? Matariki Feb 2012 #18
The HR people claim that... MarianJack Feb 2012 #20
Well, good luck Matariki Feb 2012 #22
Thank you, Matariki! MarianJack Feb 2012 #23
That Dr. probably has a relative or friend that wants the job too... That happens! Auntie Bush Feb 2012 #94
On what basis would you sue? Joe the Revelator Feb 2012 #45
Whatever basis an attorney advises me to do. MarianJack Feb 2012 #46
Unless you can prove malicious intent obamanut2012 Feb 2012 #47
Possibly MarianJack Feb 2012 #49
The legal system caused this Broderick Feb 2012 #67
Maybe I can get someone who can remedy this... MarianJack Feb 2012 #70
Businesses are so wary of potential lawsuits all the time it seems Broderick Feb 2012 #71
They are attempting to cover their asses from lawsuits,... MarianJack Feb 2012 #72
Seems rather unfair Broderick Feb 2012 #78
Sanity Reigns. MarianJack Feb 2012 #80
I think you're right Yo_Mama Feb 2012 #75
Yeah, I would assume so in what little I know that it would be Broderick Feb 2012 #79
A desire to provide for my family MarianJack Feb 2012 #82
The more I think about this Yo_Mama Feb 2012 #95
Right! MarianJack Feb 2012 #81
I think you will be shocked at how limited your options are... Joe the Revelator Feb 2012 #48
We'll see. MarianJack Feb 2012 #51
Exactly, because this isn't a question of misusing biometrics obamanut2012 Feb 2012 #55
I have my fingers and toes crossed for you! nt Mojorabbit Feb 2012 #58
Thank you, Mojorabbit. MarianJack Feb 2012 #62
see the lawyer first, it can't hurt Motown_Johnny Feb 2012 #26
I've left a message with the Medical Director... MarianJack Feb 2012 #77
Your real dr. cleared you for "moderate physical activity"? Is that a restriction? Honeycombe8 Feb 2012 #54
The question about my cold was obvious,... MarianJack Feb 2012 #63
Best of luck Yo_Mama Feb 2012 #74
Thank You, Yo_Mama MarianJack Feb 2012 #76
Lemme ge this straight ... IggleDoer Feb 2012 #24
I didn't understand it either sammytko Feb 2012 #25
Certainly something I've learned. MarianJack Feb 2012 #28
Patient gave an example. Doctor decided example wasn't reasonable. Occulus Feb 2012 #50
THANK YOU, Occulus! MarianJack Feb 2012 #52
At NO point did I ask this person to lie for me. MarianJack Feb 2012 #27
Why don't you read it again.. sendero Feb 2012 #33
Thank you, sendro. MarianJack Feb 2012 #36
What were you reading? Curmudgeoness Feb 2012 #38
Thank You, Curmudgeness! MarianJack Feb 2012 #53
No, no, no Yo_Mama Feb 2012 #73
Thank ayou again, Yo_Mama! MarianJack Feb 2012 #90
I am sorry for all this--what an asshole. I'd be livid, too. TwilightGardener Feb 2012 #29
I definitely will TwilightGardiner! MarianJack Feb 2012 #30
You need to tell the medical director that the dr doesn't listen very well, Ilsa Feb 2012 #31
Thank you, Ilsa MarianJack Feb 2012 #35
Some progress was made today, Ilsa MarianJack Feb 2012 #92
This is great news, just to get the attention Ilsa Feb 2012 #104
Thanx, Ilsa! MarianJack Feb 2012 #106
Sue the doctor for defamation and discrimination The Second Stone Feb 2012 #32
ADA means reasonable accommodations to perform job duties REP Feb 2012 #34
The OP was pretty clear that the job did not require a young athlete The Second Stone Feb 2012 #59
That's not an ADA issue then; it's an EOE one REP Feb 2012 #60
Mr. Mittel may well be the one I contact. MarianJack Feb 2012 #37
That seems to be the issue dana_b Feb 2012 #88
Moderate Physical activity in the sense that I couldn't take something like a warehouse job. MarianJack Feb 2012 #91
Well hopefully you gave that doctor a cold tawadi Feb 2012 #39
If I wind up getting the job,.. MarianJack Feb 2012 #40
Good luck tawadi Feb 2012 #41
Thank You, tawadi. MarianJack Feb 2012 #42
LOL you're BAD DiverDave Feb 2012 #87
go after his stupid ass! Whisp Feb 2012 #43
I'm going after him with every legal resource I can find. MarianJack Feb 2012 #44
What's his motivation for doing that? maximusveritas Feb 2012 #56
At this point,... MarianJack Feb 2012 #66
I agree with you. dotymed Feb 2012 #57
$16 an hour. MarianJack Feb 2012 #65
Please don't take this the wrong way, but JayhawkSD Feb 2012 #61
I was answering his question. MarianJack Feb 2012 #64
I'm curious, though JayhawkSD Feb 2012 #96
If I recall,... MarianJack Feb 2012 #101
I think the poster volunteered too much info sammytko Feb 2012 #93
A word of caution before initiating any litigation Freddie Stubbs Feb 2012 #84
After 2 days of cooling off,... MarianJack Feb 2012 #85
any new news? Motown_Johnny Feb 2012 #86
I sopke to the medical director late this afternoon. MarianJack Feb 2012 #89
It's about time someone finally fought back. Zalatix Feb 2012 #99
I may have some evidence... MarianJack Feb 2012 #100
Go for the throat! Zalatix Feb 2012 #105
My first approach when things get adversarial with a totally unreasonable person... MarianJack Feb 2012 #107
Whatever happened with this matter, MarianJack? Any update? nt Honeycombe8 Feb 2012 #108
I was going to post an update (or a new thread) tomorrow. MarianJack Feb 2012 #109
k&r Liberal_in_LA Feb 2012 #110
Thank You, Liberal_in_LA! MarianJack Feb 2012 #111
Keep your eyes peeled for a new thread update... MarianJack Feb 2012 #112

Justice wanted

(2,657 posts)
2. I know the physical you speak of . I have to go through one everytime I get a job working with
Wed Feb 8, 2012, 04:25 AM
Feb 2012

mentally challanged patiences.


These Quacks are expected to "Weed Out" the ones who get "Injured" easily. If you can catch my drift.


Yeah, these jerks can't take a joke and don't listen correctly and let me guess the company hiring you wouldn't let you go to your doctor right?


I keep you in my thoughts. You have every right to be pissed. keep us informed.

 

Surya Gayatri

(15,445 posts)
3. Sorry you're having to go through all this crap MJ...
Wed Feb 8, 2012, 04:51 AM
Feb 2012

just to get a $16 an hour job.
You're right to threaten the MD with legal action. Hope it works.
Good luck!
SG

MarianJack

(10,237 posts)
9. Thank you
Wed Feb 8, 2012, 07:12 AM
Feb 2012

The legal action i the last resort, but I will doit.

At one time my father & step-mother had sued trump so many times in New York that they were no longer allowed into any trump building. I've never sued anyone, but I can show that sometimes the fruit doesn't fall too far from the tree.

PEACE!

kickysnana

(3,908 posts)
4. Are things actually bad enough in the good old USA
Wed Feb 8, 2012, 05:27 AM
Feb 2012

that we now have to bribe doctors to get a job? It sure sounds like that is what this is about.

So sorry this happened. Good luck.

MarianJack

(10,237 posts)
10. Thank you,kickysana.
Wed Feb 8, 2012, 07:14 AM
Feb 2012

I never thought of bribary. If he doesn't do the right thing, I fel much better about sueing.

PEACE!

Maine-ah

(9,902 posts)
6. I just went through the same physical
Wed Feb 8, 2012, 05:33 AM
Feb 2012

to get a job that pays half that. $8.25 an hour, working for a part of our local hospital that does in home care. It's an entry level position, and they'll reimburse me for my CNA classes. The physical was a bit of a joke. Same requirements for lifting as well.

Good luck, MJ, and I hope it all works out and you get the job.

lunatica

(53,410 posts)
13. Whatever happens, good for you for fighting back
Wed Feb 8, 2012, 07:21 AM
Feb 2012

No one should have that kind of power over anyone's life. And you're so right to object and do your best to reverse the effect of his decision.

Let me say an expletive for you. FUCK!!

MarianJack

(10,237 posts)
15. This "doctor"...
Wed Feb 8, 2012, 08:20 AM
Feb 2012

...had a very romneyesque way of thinking that he was actually doing me a favor by writing a report that could be financially DEVASTATING for my famly and I. Bastard!

Thanks for saying the other for me. Having grown up in The Philadelphia suburbs, I learned that word along with "mama" and "dada".

PEACE!

Dorian Gray

(13,450 posts)
68. I don't understand
Thu Feb 9, 2012, 07:58 AM
Feb 2012

why you couldn't go to your regular doctor for this physical?

That makes no sense to me.

I hope things work out for you. This is not fair.

MarianJack

(10,237 posts)
69. The employer has a contract with these numbskulls.
Thu Feb 9, 2012, 09:22 AM
Feb 2012

The doctor who actually knows me is apparently irrelevant.

Isn't it wonderful?

PEACE!

Dorian Gray

(13,450 posts)
97. I guess
Fri Feb 10, 2012, 06:44 AM
Feb 2012

I didn't realize how lucky I am because I was able to go to my own doctor for a physical when I needed one for my last job.

I hope that it all works out for you in the end, MarianJack. Keep us updated.

obamanut2012

(25,804 posts)
83. Employers, especially state and local agencies, usually use their own doctor
Thu Feb 9, 2012, 11:31 AM
Feb 2012

As do hospitals and other health agencies, and of course the military.

They have certain criteria/biometrics you have to meet, and they want to use the same doctor(s) for consistency and usually for accuracy. Also, someone could go to their BIL the doctor and get them to sign off on anything. They do this for ADA and insurance purposes.

I have had two physicals for employment as an adult, both for state agencies, and both had to done by specific doctors, and the drug test specimen was also taken by specific medical personnel.

This is SOP for employment physicals.

Dorian Gray

(13,450 posts)
98. Thanks for the explanation
Fri Feb 10, 2012, 06:45 AM
Feb 2012

I've been lucky because I've been able to go to my own doctor for physicals in the past for jobs.

MarianJack

(10,237 posts)
103. Thank you for the clarification, obamanut2012.
Fri Feb 10, 2012, 08:37 AM
Feb 2012

I've never NOT passed one of these physicals with anything but flying colors. They tell me I'm too damn fat, but I already know thatand I'm working on it. I've lost about 25 pounds since the week before Thanksgiving 2011.

PEACE!

MarianJack

(10,237 posts)
16. It certainly IS a good opportunity...
Wed Feb 8, 2012, 08:21 AM
Feb 2012

...and I'm not leting this jerk ruin it for me with impunity.

PEACE!

MarianJack

(10,237 posts)
17. Update, as of an hour ago...
Wed Feb 8, 2012, 11:53 AM
Feb 2012

...my doctor's office faxed my files and a letter from my doctor clearing me for moderate physical activity. Hopefully, this will get this quack bastard"doctor" to climb off of his god throne and reverse his decision. After 99.999% of this job involves TALKING, not jumping around like Hulk Hogan. If he does not reverse his decision, then first I go to his boss, and then I go to see a lawyer.

Unfortunately, I fear that the job may be gone.

He's a self-righteous Prick.

PEACE!

Matariki

(18,775 posts)
18. Can your doctor also fax that to the agency your are applying to?
Wed Feb 8, 2012, 12:16 PM
Feb 2012

and not just that doctor that's standing in your way?

MarianJack

(10,237 posts)
20. The HR people claim that...
Wed Feb 8, 2012, 01:24 PM
Feb 2012

...they can only take the recommendation from this organization. The bastard said he's going through the info now.

He will change his recommendation or I will go to the Medical Director. The Medical Director will change the decision or I will go to a lawyer. If I don't get the job I will sue everybody involved in a heart beat.

In the meanwhile, I have another interview scheduled for this Tuesday and I'm looking for more jobs.

Thank you for your feedback, Matariki.

PEACE!

Matariki

(18,775 posts)
22. Well, good luck
Wed Feb 8, 2012, 01:30 PM
Feb 2012

It sounds a bit of a scam to tell you the truth. Why would the place you are applying to only go through one particular doctor?

Hope it works out well for you and you get into the best possible job situation - no matter where it ends up being.

Auntie Bush

(17,528 posts)
94. That Dr. probably has a relative or friend that wants the job too... That happens!
Thu Feb 9, 2012, 09:50 PM
Feb 2012

Why else would he do such a nasty thing?

MarianJack

(10,237 posts)
46. Whatever basis an attorney advises me to do.
Wed Feb 8, 2012, 10:30 PM
Feb 2012

This is a false and wrong recommendation that this bastard knows is wrong.

I can think of discrimination or possibly defamation. My mother always told me to get a barracudda lawyer if I ever had to get one. I've never sued anyone in my life, even when I had reason to do so. I won't file anything frivolous, but I intend to go after this bastard with every legal and ethical means available to me.

I will not allow his desire to play god to devastate my family and I with impunity.

PEACE!

obamanut2012

(25,804 posts)
47. Unless you can prove malicious intent
Wed Feb 8, 2012, 10:42 PM
Feb 2012

I doubt you have a case.

I hope everything works out with the job.

MarianJack

(10,237 posts)
49. Possibly
Wed Feb 8, 2012, 11:09 PM
Feb 2012

I may not, but I'm sure as hell going to try. If I make the son of a bitch's life miserable for some time I'm OK with that.

I have requested a re-examination by a different doctor.

PEACE!

Broderick

(4,578 posts)
71. Businesses are so wary of potential lawsuits all the time it seems
Thu Feb 9, 2012, 10:34 AM
Feb 2012

because everyone is suing everyone and they go so far out of the idea of reasonable to protect themselves. Same with doctors who pay enormous liability insurance premiums and seem to error on the side of caution on these types of situations.

It is quite unfortunate in my humble opinion. And again, all of this is merely my opinion. I am no legal expert or expert in tort, etc. I just know that so many things we face on a day to day basis when dealing in commerce or in our jobs have legal written all over it. Even calling anywhere anymore you hear that "this call may be recorded for training purposes" is cover for legal reasons that likely have no basis in training - just a notification. Companies have been sued about the practice of recording calls to protect themselves and had to pay class action lawsuits for not advising. So now I even hear it with small companies.

In this case; if the doctor has any hint that the minimum requirements are potentially an issue he will error on side of caution to the company. If you got clearance to have no restrictions as listed, and you hurt yourself on the job - he may potentially be liable for giving clearance. Workman's comp is big business involving detectives and lawyers, etc. One claim can cost a company in future premiums huge dollars, and opens up doctors to litigation. So I am certain they use certain facilities that they know will protect them, and are willing to do these examinations.

Again, just my opinions.

MarianJack

(10,237 posts)
72. They are attempting to cover their asses from lawsuits,...
Thu Feb 9, 2012, 10:43 AM
Feb 2012

...and I'm attempting to protect my family's asses from losing our home. I guess it's unreasonable to ask that these medical turd heads tell the truth about me.

I do respect your opinions and everything you've said reflects things that I've already thought myself.

PEACE!

Broderick

(4,578 posts)
78. Seems rather unfair
Thu Feb 9, 2012, 11:15 AM
Feb 2012

But, I know if you don't make this opportunity, and another situation arises similarly that you will be "fit as a fiddle" in the exam.

Plus, your thread educates other people that the things we say in these situations can demonstratively effect the ability to get a job. Such is the same for drug tests, etc. that people use bad information to circumvent the tests, errr think they can circumvent more precisely. Had an acquaintance once party it up the Friday before a Monday "piss test" and he had purchased an online kit to fool drug tests. Needless to say, he failed and lost the contingent job offer.

I wish you the best, and I hope that you don't have to resort to legal measures. I hope reasonable sanity reigns. Frankly, I think your options are limited legally unfortunately, but let's hope it doesn't come to that.

Good luck.

Yo_Mama

(8,303 posts)
75. I think you're right
Thu Feb 9, 2012, 10:54 AM
Feb 2012

But it does not make me happy and it does support the idea that MarianJack has a legitimate legal claim here.

If he can establish a pattern or practice he may be able to overcome what is going to be a hefty burden of proof.

The bottom line here is that federal employment law states that you CAN'T disqualify someone from a position if they do meet the specified requirements, and MarianJack does.

Adding a layer of plausible deniability to the process through a medical intermediary does not evade the legal requirement. Proving that this is what they are doing will be difficult.

Broderick

(4,578 posts)
79. Yeah, I would assume so in what little I know that it would be
Thu Feb 9, 2012, 11:19 AM
Feb 2012

extremely difficult to prove that. I could imagine the legal bills that might accrue. It doesn't make me happy either that companies are so skittish and use bad practice and useful idiot doctors to not come to fair and reasonable conclusions. Especially, for the job this person is going for. It seems ludicrous to even put those requirements on the job offer, but I suppose they have their reasons or legal history in that field dictates they take extreme precaution in the hiring process. I really don't know. Either way it's quite unfortunate as this person just wants to provide for his family.

MarianJack

(10,237 posts)
82. A desire to provide for my family
Thu Feb 9, 2012, 11:25 AM
Feb 2012

I feel like trying to deal with this doctor is like trying to deal with romney.

He seems to posess no notion of the damage he does. A usefulidiot seems a fitting description.

PEACE!

Yo_Mama

(8,303 posts)
95. The more I think about this
Thu Feb 9, 2012, 10:54 PM
Feb 2012

the more it pisses me off.

You know, a Legal Aid lawyer might be willing to go after them, and why not file (excuse my French) a goddamned Equal Employment Opportunity complaint.

See, according to MarianJack he demonstrated that he COULD do the tasks described in the job requirements. You just can't fucking do this. It really is EXPLETIVE DELETED illegal, and I bet they are just getting away with it because everyone is too cowed.
http://www.eeoc.gov/employees/charge.cfm

There's also the local state office.

 

Joe the Revelator

(14,915 posts)
48. I think you will be shocked at how limited your options are...
Wed Feb 8, 2012, 10:52 PM
Feb 2012

...you answered the question affirmatively. It's not outside the boundaries of a doctor's medical opinion to restrict you from activity.

MarianJack

(10,237 posts)
51. We'll see.
Wed Feb 8, 2012, 11:11 PM
Feb 2012

I said that my backis sore after a day of strenuous work, like moving furniture. talking at a kitchen table is not the equivalent of moving furniture.

PEACE!

obamanut2012

(25,804 posts)
55. Exactly, because this isn't a question of misusing biometrics
Wed Feb 8, 2012, 11:33 PM
Feb 2012

Or other objective, clinical info.

It is very hard to sue a medical doctor.

 

Motown_Johnny

(22,308 posts)
26. see the lawyer first, it can't hurt
Wed Feb 8, 2012, 03:16 PM
Feb 2012

assuming there is some low cost option or possibly even free legal advice.


Also try to get retested at the same facility by a different doctor. Odds are there is a pretty easy fix to this since that facility doesn't want to get caught up in the middle of this. If you give them an easy way out they might take it.


Good luck

MarianJack

(10,237 posts)
77. I've left a message with the Medical Director...
Thu Feb 9, 2012, 11:14 AM
Feb 2012

...requesting exctly that. Hopefully this would be with a competent doctor who actually knows how to listen.

If I have to go the legal route, I know of a good firm right here in Augusta.

I may also make a complaint to the state licensing board and the department of labor.

PEACE!

Honeycombe8

(37,648 posts)
54. Your real dr. cleared you for "moderate physical activity"? Is that a restriction?
Wed Feb 8, 2012, 11:31 PM
Feb 2012

I mean, your doctor didn't say in her letter that you have no physical restrictions or limits? She just said you are "cleared" for "moderate physical activity"? I don't know what that means, since I've never had a physical to prove to an employer I'm physically fit for work.

This is horrible that this has happened. Maybe your real doctor's records, and your pleas to this new dr.'s office will make a difference.

I hope he changes his report. Has he sent it in already? The employer needs a clear physical report to release them from liability and to be assured that you could handle all situations that may arise in the job. It doesn't matter if something isn't LIKELY to happen. They clearly want someone who can handle those situations that aren't likely to happen. Did the employer ask you about this during your interview? Did the interviewer seem convinced you could handle the physical aspects of the job? Do you look healthy and strong?

To me, the best thing to do would be to ask to have another physical, on the basis that you were recovering from a cold the last time. I hate to be the bearer of bad tidings, but...I really have trouble believing the dr. said you were restricted from any and all activity based on that one comment you made. You said you passed all the physical tests he gave, but...I'm wondering if you had to struggle, and the dr. saw that, and thought that you shouldn't be struggling with those physical tests. (He asked you to lift stuff, you mean?) I'm thinking the dr. observed something, or test results showed something, that told him you shouldn't be doing physical activity. Why were you and he discussing your back, in the first place? Why would you mention to him your stamina was down because you'd had a cold? Did you know you might have trouble? Was the dr. aware of the type of job you would be doing? So many unknowns.

Life sucks sometimes, but the right job will come along. Maybe it will be this one. If this is a good place to work, maybe they'll let you take the physical again.

Let us know what happens. I'm sending you all the good vibes I can muster.


MarianJack

(10,237 posts)
63. The question about my cold was obvious,...
Thu Feb 9, 2012, 06:39 AM
Feb 2012

...since I obviously had one.

His assumption that I couldn't do the job was on the same level as if he'd assumed that I was allergic to any meds or chemicals if I had occasional hay fever.

Regarding my back, I statd that if I do something strenuous, like move furniture all day, my back would be sore. Since he's about my age, HIS back would probably be sore too. I have been Mandt certified before and can be again. I have restrained prople before and can again. At one time, Mandt was primarily restraining but now it's primaily focused on talking them down, which I do very well

This "doctor" was aware that this jobis 99.999999% talking. At this point, I think he just doesn't want to admit that he F'd up. I have NEVER not passed a work physical in my life.

PEACE!

IggleDoer

(1,186 posts)
24. Lemme ge this straight ...
Wed Feb 8, 2012, 02:48 PM
Feb 2012

You were unable to meet the written standards that the employer required for your job and you expected this doc, who never met you before, to lie for you. If he lied and you got injured and the truth later came out, he could lose his license, and you would sue him.

Why did you think he would fake your physical? In your world, do "quacks" tell the truth and good docs are willing to lie, just so you could get a job that you might not be able to do physically.

sammytko

(2,480 posts)
25. I didn't understand it either
Wed Feb 8, 2012, 02:55 PM
Feb 2012

From this response:

he latched onto the fact that I said that if I've done something like move furniture ALL DAY my back would be sore and recommended that I be restricted from any physical activity

Best thing to do is offer as little info as possible - yes/no answers only.

MarianJack

(10,237 posts)
28. Certainly something I've learned.
Wed Feb 8, 2012, 07:35 PM
Feb 2012

At no point did I ever suggest that he falsify his findings.

The issue is to get him to tell the truth.

Occulus

(20,599 posts)
50. Patient gave an example. Doctor decided example wasn't reasonable.
Wed Feb 8, 2012, 11:10 PM
Feb 2012

Based on what, I don't know. But the patient gave an example of behavior that would cause his back to be sore.

Because of that example, which actually was not ever the case, the Doctor decided the patient couldn't/wouldn't be able to meet the job requirements. How much would you care to wager it was something else entirely, something not at all related to the job, that made this doctor come to the decision he did?

Over the years, I have observed a marked tendency among doctors and nurses who have this sort of power- this get-a-job-or-don't kind of power- over a person's life toward using it both maliciously and mercilessly. I've come to the opinion that private firms should not be allowed to set up shop to do this; that it should be a matter for the individual's primary care physician and them alone to preside over such things.

Yes, including (perhaps especially) pre-employment drug testing.

MarianJack

(10,237 posts)
27. At NO point did I ask this person to lie for me.
Wed Feb 8, 2012, 07:34 PM
Feb 2012

You might have seen that if you'd have read the post.

The fact is that I DO meet the written standards of the job, which are to lift 35 pounds, which I did on 5 reps that were requested, and to carry that 35 pounds a distance down the hallway and back, which I aslo did.

It was also required to be able to push 100 pounds, which I also did.

I statedt hat If I did something like move furniture all day, my back would be sore. Are you saying that the vast majority of people's backs wouldn't?

At NO time did I EVER suggest that he "fake" my physical. There is no place in my post that even hints at this.

Reding what I actually wrote may have helped you.

MarianJack

(10,237 posts)
36. Thank you, sendro.
Wed Feb 8, 2012, 09:07 PM
Feb 2012

It's kind of hard to get something straight when one wants to make up things that one has supposedly read.

PEACE!

MarianJack

(10,237 posts)
53. Thank You, Curmudgeness!
Wed Feb 8, 2012, 11:17 PM
Feb 2012

I'm glad to se that others saw the fiction of that response.

Isn't it wonderful when people who don't know you jump to conclusions to question your honesty?

PEACE!

Yo_Mama

(8,303 posts)
73. No, no, no
Thu Feb 9, 2012, 10:48 AM
Feb 2012

You're utterly misrepresenting this.

The OPer in fact met the requirements of the job position - it was not to move furniture all day. Legally, if the job requirements for the position are "must be able to lift 50 pounds", you cannot disqualify a candidate for saying that he or she would have difficulty lifting 100 pounds.

It appears that the doctor made up a problem that did not exist. Perhaps the doctor is really paid to screen out applicants that might suggest a higher risk of workers' comp claims later on. Certainly whatever happened in the interview and physical did NOT support the conclusion given.

I think MarianJack has legitimate grounds for a suit and I think he may be able to win it if he can document it well enough. The problem is that the doctor can fake the records and misrepresent his findings.

TwilightGardener

(46,416 posts)
29. I am sorry for all this--what an asshole. I'd be livid, too.
Wed Feb 8, 2012, 07:55 PM
Feb 2012

I hope being cleared medically will let you get the job. Good luck, let us know what happened.

Ilsa

(61,626 posts)
31. You need to tell the medical director that the dr doesn't listen very well,
Wed Feb 8, 2012, 08:12 PM
Feb 2012

and that he will probably create problems for them with his poor listening skills.

I hope you get the job. Let us know, okay?

MarianJack

(10,237 posts)
92. Some progress was made today, Ilsa
Thu Feb 9, 2012, 08:45 PM
Feb 2012

The medical director was very interested to hear that this doctor didn't listen and that he had a very dismissive attitude/

We'll see what happens!

Thanks again.

PEACE!

Ilsa

(61,626 posts)
104. This is great news, just to get the attention
Fri Feb 10, 2012, 12:23 PM
Feb 2012

to the source of the problem.

Now let's hope a great job offer comes through for you, or at least to another good liberal like yourself!

 

The Second Stone

(2,900 posts)
32. Sue the doctor for defamation and discrimination
Wed Feb 8, 2012, 08:19 PM
Feb 2012

I have heard of a lawyer in Portland by the name of Robert Mittel who might handle this sort of thing. Under the ADA they cannot refuse you a job because of a disability they can work around.

REP

(21,691 posts)
34. ADA means reasonable accommodations to perform job duties
Wed Feb 8, 2012, 08:45 PM
Feb 2012

That would mean providing, for example, a back-belt to help with the lifting requirement, not waiving the lifting requirement. Reasonable accommodations cannot be an undue burden to the business; for example, accommodating someone with peripheral neuropathy who can type no more than 15 minutes an hour in a data-entry position would be an undue burden to the business.

 

The Second Stone

(2,900 posts)
59. The OP was pretty clear that the job did not require a young athlete
Thu Feb 9, 2012, 01:43 AM
Feb 2012

The OP was suggesting that they are only hiring healthy people to cut down on their group wide health costs. That is illegal. I think.

MarianJack

(10,237 posts)
37. Mr. Mittel may well be the one I contact.
Wed Feb 8, 2012, 09:10 PM
Feb 2012

My point has been that there is no disability in the first place.

If I'd been trying to get ONTO disability this quack bastard would have shot me down as fast as he'd looked at me.

PEACE!

dana_b

(11,546 posts)
88. That seems to be the issue
Thu Feb 9, 2012, 01:42 PM
Feb 2012

that they think or have assumed that you have a disability when you don't. Someone else pointed out something that I found interesting too - that your MD said that you were cleared for "moderate" physical activity. That does make it seem like you have limitations which you say that you do not have.

I really hope this works out for you. That MD should be ashamed. He may be protecting the company but if you are able to pass the tests and there is not other verifiable ailment(s) (i.e. I have disc herniations on my lower spine), then he and the company are in the wrong. Good luck!!

MarianJack

(10,237 posts)
91. Moderate Physical activity in the sense that I couldn't take something like a warehouse job.
Thu Feb 9, 2012, 08:42 PM
Feb 2012

The back pain is essentially weight related, and I've lost 20+ pounds since late November. I've also been exercising and my back feels very good unless I've done something on the order of day long heavy lifting.

When we moved in January of 2011 my back was sore afterwards, but it was fine the next day.

Thanks foryour feedback, dana_b.

PEACE

MarianJack

(10,237 posts)
44. I'm going after him with every legal resource I can find.
Wed Feb 8, 2012, 10:13 PM
Feb 2012

My wife and I will be together for 15 years this July (married for 14 years this August). She told me that she has never seen me in such a state of absolute fury.

My son (12 next month) said he never saw that level of pissed off fom either of us.

They're both right. I'm going to legally and ethically get this bastard.

PEACE!

maximusveritas

(2,915 posts)
56. What's his motivation for doing that?
Wed Feb 8, 2012, 11:42 PM
Feb 2012

Does the company try to use this physical as a way to weed out candidates who might sue them later on? In any case, I don't think threatening to sue him will help. They've probably done the same thing to others and know what they're doing. He will just point to what you said and it will be his medical opinion against your doctor's. I'm not a lawyer, but I don't see you having a case there. Unless there are really no other jobs out there, it may be better to focus on finding another job rather fighting a losing battle if you don't get this job. Just trying to provide some constructive Devil's advocate advice.

MarianJack

(10,237 posts)
66. At this point,...
Thu Feb 9, 2012, 06:50 AM
Feb 2012

...the original job is probably GONE! I've been looking for other jobs. The last 8 months has been a constant job hunt.

I just want to get the truth out of this bastard, or another doctor in the practice.

If I don't have a case, I'd rather have an lawyer who is looking to be on MY side rather than the quack who screwed me give me that info.

This doctor has a very romneyesque way of shafting you and then thinking that it's all ok because it didn't hurt HIM.

PEACE!

dotymed

(5,610 posts)
57. I agree with you.
Thu Feb 9, 2012, 01:19 AM
Feb 2012

It just really saddens me that In todays America, a $16 an hour job is "rolling in it," by today's Nazi standards. We have to get equality.
Good luck.

MarianJack

(10,237 posts)
65. $16 an hour.
Thu Feb 9, 2012, 06:45 AM
Feb 2012

For Maine and Mental Health, that's pretty good.

I've been talking to people who want to pay under $9.

PEACE!

 

JayhawkSD

(3,163 posts)
61. Please don't take this the wrong way, but
Thu Feb 9, 2012, 02:13 AM
Feb 2012

Why in the world would you tell a doctor in such an examination that, "If I did something like move furniture all day, my back would be sore," under any circumstances?

What question did he ask you that prompted that answer? Did he ask somethng generic, like "How much physical strain can you tolerate without causing back pain?" If so, I would answer equally generically with something like, "I don't know, I've never overworked to the point of having back pain."

If he was really specific, "If you did something like move furniture all day, would your back be sore?" I would answer, "I don't know, I've never spent the day moving furniture."

I mean this is not your own doctor, with whom you are developing a relationship. This is a corporate hack who you will see once in your life and who could care less about you. Honesty at any stage in a job interview is just not smart.

MarianJack

(10,237 posts)
64. I was answering his question.
Thu Feb 9, 2012, 06:43 AM
Feb 2012

I certainly gave the wrong answer.

This guy IS a corporate hack. He has NO social skills and is very callous.

I can't tell you how many times in my life that candor has gotten me ROYALLY screwed.

PEACE!

 

JayhawkSD

(3,163 posts)
96. I'm curious, though
Fri Feb 10, 2012, 01:27 AM
Feb 2012

Can you recall, what specifically was the question that led to you giving that answer?

MarianJack

(10,237 posts)
101. If I recall,...
Fri Feb 10, 2012, 08:29 AM
Feb 2012

...he asked if I had any back furniture.

My answer should have been "NO".

The fact is that anybody my age (56) up to and including Hercules and also, by his statement, this doctor's medical director, WOULD have a sore back after a full day of heavy lifting. I moved in January of 2011. That night my back was sore. I sat down and relaxed with my family. The next dy my back was fine.

I certainly did over-explain. I certainly won't do something that dumbassed again.

Thank you again for your feedback JayhawkSD.

PEACE!

sammytko

(2,480 posts)
93. I think the poster volunteered too much info
Thu Feb 9, 2012, 09:24 PM
Feb 2012

And if you were in shape, moving furniture all day should not make you sore, now lifting furniture might.

Freddie Stubbs

(29,853 posts)
84. A word of caution before initiating any litigation
Thu Feb 9, 2012, 11:40 AM
Feb 2012

Many employers will research applicants during the hiring process. Someone who has sued a doctor over work restrictions may find that their resume winds up in the garbage. I know that this isn't fair, but it is how the world works.

MarianJack

(10,237 posts)
85. After 2 days of cooling off,...
Thu Feb 9, 2012, 12:23 PM
Feb 2012

...litigation may not be a rsort, but I am going to take some action against this turd head if his unfair and wrong excuse for a judgement isn't overturned.

Thanks for your feedback.

PEACE!

MarianJack

(10,237 posts)
89. I sopke to the medical director late this afternoon.
Thu Feb 9, 2012, 08:29 PM
Feb 2012

He was very interested to hear that Dr. Quack didn't bother to listen to me.

He made a few suggestions that I'll follow up on tomorrow.

Thanks for asking.

PEACE!

 

Zalatix

(8,994 posts)
99. It's about time someone finally fought back.
Fri Feb 10, 2012, 07:00 AM
Feb 2012

Hopefully this guy will lose his job and NEVER work in that field again.

MarianJack

(10,237 posts)
100. I may have some evidence...
Fri Feb 10, 2012, 08:23 AM
Feb 2012

...of falsifying documentation.

The medical director was also very interested in the fact that the doctor was rude and dismissive.

PEACE!

MarianJack

(10,237 posts)
107. My first approach when things get adversarial with a totally unreasonable person...
Fri Feb 10, 2012, 06:50 PM
Feb 2012

...is EXACTLY that. Go for the throat.

Thanks for the support.

PEACE!

MarianJack

(10,237 posts)
109. I was going to post an update (or a new thread) tomorrow.
Sun Feb 12, 2012, 12:11 PM
Feb 2012

I've requested a new physical, the should have been employer may not be willing to pay for it.

In the meantime I have 2 interviews that will possibly pay more. I will be speaking to the Department of Labor tomorrow to see my further options.

Thank you for your support and concern. The support of my fellow DUers has been very heartening for my family and I. We feel like we've been given a huge & from this community for this big that we're in now.

PEACE!

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