WAC 162-22-090     Physician's opinions.

     (1) A physician's opinion on whether a disability prevents a person from properly performing a particular job will be given due weight in view of all the circumstances, including the extent of the physician's knowledge of the particular person and job, and the physician's relationship to the parties.

     (2) A physician's conclusion will not be considered to be an opinion on whether the person can properly perform the particular job unless it:

     (a) Is based on the individual capabilities of the particular person, and not on generalizations as to the capabilities of all persons with the same disability, unless the disability is invariable in its disabling effect; and

     (b) Is based on knowledge of the actual sensory, mental, and physical qualifications needed for proper performance of the particular job.

     (3) Employers who choose to rely on a physician's opinion in determining that a person cannot properly perform the particular job are advised to provide the physician with the necessary information about the job and to inform the physician of the need for an individualized opinion.

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-22-090, filed 3/23/98, effective 4/23/98; Order 23, 162-22-090, filed 7/21/75.]