Post Surgery

So I had some surgery done 2 weeks ago. Had a blood clot removed and put on blood thinners. Surgeon cleared me, Cardiologist cleared me, Pulmonologist (Lung Dr)cleared me and my Primary Care cleared me. My company decided I needed to go get a new DOT pyshical done before returning and they said I had to wait 3 month before I can receive a new Card due to having surgery. My old card is still good for over a year so my question is legally can I still use that one and apply elsewhere? or did my company screw me by sending me in to try and get a new one?

Your company is not out to screw you.

Did you fully understand their return-to-work policy before you had the surgery done? In addition you had a complication, perhaps an unexpected one. Blood cots are serious. Your employer wants to make sure you are fully recovered before conducting another physical. Precautionary.

If you jump-ship to another carrier; you will absolutely need to comply with another physical and fill-out a long form truthfully.

My advice? Try to be patient and return to your current employer after the 3 month period.

Good luck and glad that you are on the mend..!

Hmmm.

Sticky question.

If you were REJECTED for a medical card - as in - not meeting the criteria under the regs, then you cannot "legally" doctor shop it. All medical examiners are "supposed to" upload results to the FMCSA database. One the of reasons this was instituted, was to prevent "doctor shopping".

Was there a SPECIFIC REASON GIVEN for the 3 month delay>

So the question here is - DID YOU GET A PHYSICAL AND WERE REJECTED - or did the company tell you that you had to wait 3 months to get a physical?

If you were NEVER EXAMINED - then your current card is still valid. If you WERE EXAMINED AND REJECTED, then your current card IS NOT VALID.

Also - keep in mind - absent a CURRENT VALID DOT MED CARD, you will have to change the status of your CDL to "intrastate exempt" (being exempt from requiring a DOT Med, and NOT DRIVE), or downgrade your CDL to a NON-CDL license temporarily, until you get re-acquire a valid DOT Med Certification.

So this all depends on whether or not you WERE ACTUALLY EXAMINED.

Most companies, after a surgery or non-minor medical condition - are going to want a driver to RE-CERTIFY that they are MEDICALLY QUALIFIED to operate a CMV. This is for both safety and BUTT-COVERING LIABILITY ISSUES.

We have a member here that recently had a HEART TRANSPLANT that just got his DOT Med Card back.

There's is no legal requirement (that I can find) that specifies a "time period" after any particular surgery requiring a SPECIFIC WAIT PERIOD. This would hold especially true - if all specialists involved gave you the ALL CLEAR.

The "catch 22" here - is that your CDL is not valid - without a current DOT Med Cert. EVERY NEW COMPANY, is going to require a recently exam (for the most part). So applying to a new company, without a current med/cdl - is going to be a non-starter.

Again - there are a number of variables in you question - the most important of which is - WERE YOU EXAMINED AND DISQUALIFIED DUE TO A RECENT SURGERY? If you WERE - then your CURRENT DOT MED CARD IS LEGALLY INVALID AND YOU ARE DISQUALIFIED FROM DRIVING.

And whether or not to pass/fail is at the SOLE DISCRETION OF THE EXAMINER - regardless of documentation from other practitioners.

Rick

Note in Blood thinners:

Q: Is the use of coumadin, an anticoagulant, an automatic disqualification for drivers operating CMVs in interstate commerce?

Guidance:

No. Although the FHWA 1987 "Conference on Cardiac Disorders and Commercial Drivers" recommended that drivers who are taking anticoagulants not be allowed to drive, the agency has not adopted a rule to that effect. The medical examiner and treating specialist may, but are not required to, accept the Conference recommendations. Therefore, the use of coumadin is not an automatic disqualification, but a factor to be considered in determining the driver’s physical qualification status.

I had a simple case of an upper respiratory infection. I'd requested some vacation and actually got sick on vacation. I had to extend my time off for 2 extra days. Because I was technically out sick for more than 48 hours.. yup, my company policy required I get a return to duty authorization from my doctor.. and guess what. Yes a new DOT physical.

It is against federal regulations for a driver to operate a commercial vehicle when they are I'll or have a medical condition. These companies simply do not want any liability of putting a driver back out in their equipment because if something were to happen? You can bet your ass that any lawyer would have a field day with it.

Our companies want us back out working as badly as we want and or need to be, but the federal regulations are no joke and the risk of liability to a company is so high, they are extremely cautious. My situation was very minor, unlike a blood clot with complications. I'm not surprised their policy is for you to wait 3 months. I'm hoping you're able to draw short term disability during this difficult time. I've also heard of companies dismissing a driver temporarily in cases like this, and if so, you could draw unemployment.

If you've not been examined and failed a dot physical, you re free to pursue other employment but you know any new company would require a new physical as well and your have to disclose the surgery there. I'd reccomend continuing to work with your current employer.