The Physician as a Witness in Entitlement to Continued Remuneration Proceedings – Case Study and Legal Analysis
In employment law proceedings, courts and employee representatives frequently assume that a physician, when called as a witness, can readily confirm an employee’s incapacity for work, even if the original evidentiary value has been called into question.
“The physician simply confirms what they have diagnosed.”
However, practical experience demonstrates that this is not always the case. Employer representatives often encounter situations in which the physician either cannot provide any testimony or cannot confirm the desired information.
New Case Study: Physician Unfamiliar with Patient – Employee Claims Otherwise
In the current proceedings before the Regional Labour Court of Munich (LAG München), the plaintiff again named his general practitioner as a witness and allegedly submitted a patient record. The physician was released from confidentiality obligations and summoned.
The surprise: the physician stated that it was not he, but his colleague who had treated the patient. This contradicted the plaintiff’s assertions, rendering the physician unable to provide any relevant testimony.
Furthermore, it was noted that a certificate had been signed by a different physician. This aligns with the reasoning in a recent decision of the Regional Labour Court of Lower Saxony (LAG Niedersachsen, Judgment of 19 November 2025 – 8 SLa 372/25), which similarly illustrates the meticulous manner in which courts examine the evidentiary record.
Civil Procedure Implications for Employees
Incorrectly naming a witness and providing contradictory statements makes it challenging for the employee to present a coherent and credible account.
From a civil procedural perspective, the court should nonetheless have examined the physician. The physician would have testified that he could provide no information, resulting in the employee losing the case.
Practical Advice for Employers and Employees
- Verification of Medical Certificates: Employers should carefully verify who has issued the certificate.
- Accurate Witness Identification: Employees must ensure that the physicians they name have actually treated them.
- Consult a Legal Practitioner: Particularly important when witness statements are contradictory or the evidentiary value is challenged.
Further Reading
Detailed analysis and practical examples can be found in Dr. Anton Barrein’s LinkedIn post: View LinkedIn Post
Conclusion
A physician is not automatically a reliable witness in entitlement to continued remuneration proceedings. Employers and employees should carefully assess the evidentiary situation, particularly where the evidentiary value is contested or where contradictory information exists.
