Second View

The employer is entitled to an additional medical assessment, a “second opinion” from an occupational physician

An employee on sick leave is entitled to a second opinion from another occupational physician. (The employer is entitled to an additional medical assessment, a “second opinion” from an occupational physician)

The Difference Between a Second Opinion from a Company Physician, a Second Opinion from a Company Physician, and an Expert Opinion

Because the legislation surrounding second opinions is unclear to many employees and employers, and we are often asked to explain it “simply” on the spot, we thought it would be helpful to provide the following explanation for you.

The expert assessment is conducted by the UWV. It can be requested by either the employer or the employee.
One of the UWV’s tasks is the implementation and oversight of various social insurance laws, such as the WAO, WW, and Sickness Benefits Act, under which employees are required to be insured for illness. These laws are in place to protect employees and ensure a proper reintegration process in accordance with the requirements of the Gatekeeper Improvement Act. One of the tools in the social security arsenal for protecting employees is the expert assessment. It concerns income and work capacity.

The application offers only 4 options:

1. Expert opinion on “sick or not sick”.
2. Expert opinion on “employee’s reintegration efforts”.
3. Expert opinion on “suitable work”.
4. Expert opinion on “employer’s reintegration efforts”.

Items 2, 3, and 4—occupational health issues—are assessed by an occupational health expert. Only in the case of “sick or not sick” is there a medical claim assessment conducted by an (insurance) physician. The answers to the questions are brief indications, often limited to “sufficient” or “insufficient.”

The second opinion occupational physician examination

This provides the employee with an independent, second opinion from an occupational physician. In practice, we see employees who disagree with the recommendations of the company physician or the case managers working for their occupational health and safety service. Employees often find themselves in complex situations, sometimes involving a labor dispute or wage sanctions, due to recommendations made during absence management. They seek clarity and transparency regarding their work capabilities, the adequacy of treatment, prognosis, and possible interventions through a Second Opinion from an Occupational Physician. This is done to gain a better understanding of their own work capacity, often requiring an explanation of the social security system, and subsequently to facilitate appropriate reintegration. It also serves as a basis for challenging (imminent) financial measures on the grounds that the given work capacity advice is incorrect. The second opinion occupational physician is a combined occupational and insurance medicine specialist who, based on examination and medical information, prepares evidence-based advice that must be able to withstand legal scrutiny. This requires a relatively significant amount of professional time.

Second Opinion from an Occupational Physician: An Occupational Health Assessment

The employer disagrees with the assessment of their own occupational physician and wants a new, independent occupational health assessment. The employer is dealing with a complex case that sometimes involves legal issues and sees no way out. Often, there is a threat of wage sanctions from the UWV, and the employer regularly wants to ensure the employee receives the proper support for recovery and reintegration. The employer may not request a Second Opinion from the company physician. Through this second opinion—an occupational health assessment—clarity and transparency regarding work capabilities are provided to both the employer and the employee in the same independent manner. A report is prepared solely regarding work capacity. The medical information obtained is recorded in the medical file. This information is subject to medical confidentiality; its contents are not shared and are only disclosed to the employee upon request.

Second Opinion from the Company Physician: an occupational health assessment. The employer does not understand the recommendations provided by the absence management team. The employer has doubts about the stated work capacity, prognosis, etc., as outlined by the company physician in the feedback report (the current assessment).
Pursuant to Article 14(1)(b) of the Working Conditions Act, the employer may not make their own determination regarding the right to continued pay; they must engage an occupational physician for this purpose. If there is doubt regarding the primary assessment, the employer has no choice but to obtain an independent second opinion.