medical

Pre-employment medical examinations must comply with the Federal Americans with Disabilities Act and in California with the California Fair Employment Act Section 7294.0(d) of title 2 of the California Code of Regulations states:

(2) Where the results of such medical examination would result in disqualification, an applicant or employee may submit independent medical opinions for consideration before a final determination on disqualification is made.

What this states is that if you have not passed a medical or psychological test that was part of a medical, you should be given the chance to obtain a second opinion. Cities and agencies might not be aware of this law. Most people are unaware that they can appeal the decision.

Candidates will say they don’t want to pursue this option because it might ruin any chance that this city might call them back in the future, or will cause problems applying to other agencies. Although the way to law is written, you can qualify for a list on an agency over and over again, UNDERSTAND that if you are eliminated from the process because of a medical or psychological test this agency will NEVER consider you again! The time to act is now! And, there are no black lists out there of those candidates who try to get a position that is rightfully theirs.

If you take advantage of the law and have a qualified attorney represent you in obtaining a favorable second medical or psychological opinion you could be reinstated. Do not attempt this without an attorney.

If you are trying to get a second opinion on a medical, get a recognized expert in the field you are contesting. When my Son Rob was taking his medical, the blood work turned up some questionable numbers. We obtain an appointment with the leading blood specialist in the San Francisco area. He determined that the numbers were caused by a recent flu episode. He wrote a letter that cleared up the issue and Rob went on to get his badge.

This is how this process can work. A psychologist just re-evaluated a candidate for an agency that did not pass his first psychological test. This doctor found him suitable for the position.

If you were conditionally offered the position on passing the medical and your second opinion fulfills that requirement then you are entitled to the job. Not just to be put back on the list. They have to give you your badge! Several of our candidates have done just that.

The defense rests!

Remember, absolutely nothing counts 'til you have the badge. Nothing!

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"Nothing counts 'til you have the badge . . . Nothing!"

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