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need to be taken into consideration in developing the employee’s

mandatory alternate duty assignment. This documentation may be provided

by a SIF or other State-selected physician or by the employee’s attending
physician or be a combination of information from these sources.

All medical documentation should be treated confidentially and great care
should be exercised to protect employees against the indiscriminate

dissemination or use of the medical information it contains. However,
appropriate agency staff are entitled to have access to the medical

information related to an employee’s physical limitations to the extent it is
necessary (1) to evaluate the employee’s ability to participate in the

Mandatory Alternate Duty Program and (2) to develop an appropriate
assignment.

In certain instances, agency management will need additional medical
information beyond the original documentation regarding an employee’s

participation in the Mandatory Alternate Duty Program. This need usually
can be met by requesting more detailed information from the examining

physician. Occasionally, agencies may need to have the employee examined
by a physician selected by management. In those cases where agency

management feels the need to have the employee examined by a physician
selected by management, the agency shall make a reasonable effort to

complete a medical examination within 20 calendar days from receipt of the
employee’s request for a mandatory alternate duty assignment.

When agency management fails to complete the medical examination and
reach a decision regarding the employee’s eligibility for an alternate duty

assignment within the 20 calendar day period, the employee shall receive a

supplement equal to the difference between the employee’s full 100 percent
disability statutory benefit rate and the partial statutory benefit rate being
paid to the employee by the SIF until the examination is completed and a

decision made. This provision shall not apply where the failure of the

agency-selected physician to complete the medical examination is
attributable to the employee’s failure to appear for the examination, the
employee’s refusal to allow it to be held, or the employee’s refusal to

cooperate or provide the necessary documentation.

If, following this examination, the agency’s physician does not find the
employee eligible to participate in the Mandatory Alternate Duty Program,

the employee will be referred to the SIF for an appropriate benefit
determination.

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