Henson And Murphy Prevail On The Issue Of Chiropractor As "Health Care Provider" Under The FMLA
August 18, 2011
In a case of first impression, Christopher Henson and Jack Murphy obtained summary judgment for the employer in McIntosh v. Android Industries, LLC, 09 cv 50199, Northern District of Illinois. The novel issue involved the question of when a chiropractor can be considered a health care provider under the FMLA. The Plaintiff claimed that she presented a proper request for leave under the FMLA by providing a note from a chiropractor that opined she needed to be off work to treat an injury. Under the FMLA, a chiropractor can only diagnose a serious health condition if he or she diagnosis sublaxation verifiable by x-ray or if the employer customarily relies upon the opinions of chiropractors in making other determinations. In the instant case, Plaintiff posited that Android utilized the opinions of chiropractors in worker's compensation claims, and therefore the chiropractor opinion had to be accepted for the purposes of the FMLA. Android argued that there was a difference between the utilization of a chiropractor's opinion in the workers compensation arena and in considering whether to grant FMLA leave. Android did not utilize chiropractor's opinions in making FMLA decisions, and therefore the Court held that the chiropractor's opinion regarding the Plaintiff did not have to be considered by Android. This is a victory for employers who regularly rely upon chiropractic opinions in the worker's compensation context, but not in analyzing FMLA requests for leave. A copy of the decision can be downloaded from the link below.
McIntosh v. Android Industries, LLC Decision