Fitness for Duty Examination is Permissible After Returning to Work from FMLA Leave

Employers have long been denied the opportunity to request a second opinion on an employee’s ability to work before returning from Family and Medical Leave Act (FMLA) leave. However, in California, an employer is permitted to request a fitness-for-duty examination and certification after the employee is permitted to return to work. So long as it Read more…

Examining Mandatory Abuse Reporting Requirements for Physical Therapists

(This article will appear in the California Physical Therapy Association's March 2015 Newsletter, PT Interventions.) Reporting abuse sounds like a simple and straightforward process. But due to the personal nature of the physical therapist-patient relationship, it can be difficult. Because such reporting is mandated by California law, this article examines Read more…

Bryan Garner Responds

Recently, the firm collectively got into a disagreement over the use of "try to" versus "try and". The majority believed that "try and" was colloquial and "try to" considered the correct, predominant, and preferred form. While all agreed that they are equally used in speaking form – and are basically synonymous – the majority determiend Read more…

Justin Hein, newest member of California Academy of Attorneys for Health Care Professionals

Congratulations to Simas & Associates, Ltd. Managing Attorney, Justin D. Hein, for his recent admission into the California Academy of Attorneys for Health Care Professionals (CAAHCP). Mr. Hein was admitted on February 2, 2015 after applying in mid-November 2014. The California Academy of Attorneys for Health Care Professionals is a by-invite-only organization Read more…