If the employee has a medical certificate from his doctor attesting to his incapacity for work and where the doctor of the Social Security Medical Board, or the doctor chosen by the employer in connection with a medical counter-examination, declares the employee fit for work, the employer is confronted by two contradictory medical certificates.
The opinion of the doctor of the Social Security Medical Board or of the doctor chosen by the employer does not in any way take precedence over the certificates from the employee’s attending physician and may not by itself constitute evidence of the inaccuracy of the medical certificate produced by the employee. The employer will then have to undertake other investigations (in particular by asking the employee to be examined by another doctor chosen by the employer).
Nota Bene
The employer may send the employer to a doctor of his choice, having the same specialisation as the employee’s attending physician, or to a general practitioner.