Refusing to pass on Occu Health report??

lepetit

Hi,
There is a whole long story behind all this so I'll try to be short and sweet.
Had an accident at work in July 2009 (they have admitted liability) - new neck injury and worsened pre-existing back injury.
Been off work since, apart from 6 weeks from mid Feb and now just gone back.
Had two course of physio and just about to start another.
For the latest stint off work I went to Occu Health about returning - the Dr was extremely rude and when he examined me literally pushed me to bend further and more than I could without a lot of pain. He then simply stated that he didn't see that anything was majorly wrong with me and that I should go back straight away with no allowances.
In total contrast, and obviously the Occu Health ignored all this, my GP has sent a report to my work stating that I cannot travel, he recommends I work from home and have a phased return to work. I'm still having and needing physio according to my GP and Physiotherapist and even the independent examiner who has been brought in to assess my injuries.
So I feel I have to refuse to send the report on to my work. I have no problem going to another Occu Health who will actually take everything into account and examine me properly but just worried that my work are going to use this to welll...fire me???

Relations have worsened with work since accident and I am on a very tight leash literally if I am minute late to my desk in the morning I receive an email saying if it happens again I will be hauled in disciplinary (I'm not kidding about the minute bit either).

Sorry it became long...
I want to make it clear that I want to work, I enjoy(ed) my job and want to be a part of the team again.

Thanks for any any advice

dmg24

Did you not give permission for your employer to see the OH report prior to attending the assessment? If so, are you sure that the report has not already been sent to them?

lepetit

No I was told at the appointmet with Occu Health that in accordance with Data Protection I can refuse to have the report passed on if I wished.
I just had to say during the appointment that I wanted to see the report first and I had to let them know within 72 hours of receiving the report.

SarEl

I'm not sure that this would be a good idea - refusing that is. Sure, you can refuse. But that simply leaves you looking like you are attempting to cover up the report because it doesn't say what you want it to. And if this then came to a tribunal the employer can say that they asked for an OH report but you refused to allow it to be seen. I'd suggest that you handle this somewhat differently. You are presumably also entitled to a copy of the report - many employers contain this within their provisions. Certainly, if nothing else, you know what it says. So I would be getting the report or what it says to your own medical people and asking them to object to the employer saying that they dispute its findings and that implementing any actions based on the report would, in their opinion, risk worsening your condition. Faced with this any sensible employer will get a third party medical opinion again - which may be more favourable - rather than risk potential liability for further injuries.