Robin Makus

Case Study Demonstrates When a Physician’s Testimony is Truly Reliable – Analysis, Risks & Current Jurisprudence Explained

A medical certificate continues to carry substantial evidentiary weight – yet courts now examine such certificates more closely than in the past. Under what circumstances can a certificate of incapacity for work be rebutted? What risks arise for employers and employees? An overview with practical guidance and reference to the current article in DER SPIEGEL.

Certificates of incapacity for work are considered a central piece of evidence in labour law. A recent ruling by the Düsseldorf Regional Labour Court, however, demonstrates that if the evidential value of such a certificate is undermined, the certificate alone is no longer sufficient—even if the treating physician testifies in court. This is particularly relevant in the context of dismissals, where the requirements for full proof of incapacity for work are becoming increasingly precise. This article outlines what courts focus on, highlights common weaknesses, and explains the practical significance of a physician’s testimony.

As the year draws to a close, it is customary for every successful law firm to pause, reflect, and celebrate shared achievements. At activelaw, your law firm in Hanover, we took this opportunity to conclude 2025 in a warm and welcoming atmosphere. On December 17, we held our annual Christmas celebration at the Winter Village at Lister Tower in Hanover ❄️🎄—a setting that provided the perfect winter backdrop for a relaxed and convivial evening. For us as lawyers and as a team, it was an ideal occasion to come together away from the demands of our daily legal work.