AWARDS 98 - FAILURE TO SUPPLY CARRIER WITH MEDICAL RECORDS WHEN REQUESTED

Third Division Award No. 29035 (Zamperini)

"There is no question that the Carrier does have the right to establish the minimum medical standards for its employees. In the instant case, the medical report submitted by the Claimant in 1989 appeared to indicate that he still had discernible impairment in his lower back. As a result, the Carrier requested further explanation for the personal physician's diagnosis. The Claimant ignored the request, choosing instead to file a Claim. Absent marked improvement in his medical condition, the Claimant had a responsibility to provide sufficient evidence to the Carrier to demonstrate a distinction between the Claimant's condition eight years earlier when it was determined he was permanently disabled and his most recent physical examination, after which his personal physician reported he was capable of `any type of employment.' The Carrier was justified in asking the physician to explain his rationale in view of the fact the Claimant's medical condition had not seemed to change.

"On the other hand, if Claimant can submit medical verification that his condition has improved to the point he is able to return to work, the Carrier would be required to return Claimant to work or have Claimant examined by its own physician. If Carrier's physician disagreed with Claimant's physician, the next step would be the implementation of Article 45 in connection with the appointment of a neutral physician.

"With respect to Claimant's current attempt to return to work, Claimant shall have 45 days from the date of this Award to furnish Carrier with the medical verification discussed above."