Medical Officers Remain Bound By Professional Confidentiality Rules
The Swiss Supreme Court ruled that a medical officer, i.e. a doctor called upon by the employer to render a second opinion on the working capability of an employee in case of an accident or sickness, remains bound by his or her professional confidentiality rules.
In other words, without a prior authorization by the employee, the medical officer may only express an opinion on the existence, duration and degree of work incapacity including the cause for the work absence (i.e., as to whether caused by an accident or due sickness.
The decision stems from a case where an employer divulged an employee's working capability, but also his personal, professional and financial situation.