by Alissa C. Atkins, Esq.

Lindy Kerr recently prepared a Post Job Offer Medical Questionnaire that employers can use to investigate pre-existing medical conditions in potential new hires. We recommend having all prospective new hires complete this or a similar form after an offer has been made to the prospective new employee. By doing so, employers can learn a great deal about the physical condition of their new employees. This allows employers to tailor job duties to an individual’s needs. More important, from a workers’ compensation standpoint, it can be used to help establish a defense to the payment of workers’ compensation benefits if the employee was not truthful about his or her pre-existing medical conditions when hired.