Does a second opinion have a suspensive effect on reintegration and potential legal measures?

A second opinion does not have a suspensive effect. An employee is legally bound by the agreements the employer makes based on the advice provided by the first company physician. This remains the case until the first company physician decides to follow the second opinion and communicate a recommendation based on it to the employer. After all, the second opinion occupational physician has no right to communicate directly with the employer.
However, the report can later be used legally by the employee in any proceedings or when applying for WIA benefits.

As a now highly experienced second opinion occupational physician, I unfortunately observe that if communication between the primary occupational physician and the employee has not gone well in the employee’s view, problems often arise elsewhere as well. This often leads to disruptions in communication between the employee and the employer. This slows down the recovery process and the return to the workplace. It has now unintentionally become my specialty to provide clarity in these common situations, so that employees and employers can move forward again.

This document is therefore intended for employees and employers to enable them to quickly engage an independent occupational physician in the event of a dispute. The longer communication breakdowns persist, the more the working relationship is damaged, the more reintegration is hindered, and the longer it takes for the employee to return to work. This is independent of the initial condition for which an employee reported sick. For this reason, every request for a second opinion is treated as an urgent request. Medical and work-related problems must be resolved quickly. Otherwise, they only serve to diminish everyone’s quality of life and job satisfaction.

W.G.J. Berkhout, registered occupational physician & medico-legal expert – October 2025