What is defined as “same or similar” employment? If I switch from patient care in a rural area to a fellowship, will that constitute “same or similar” employment?
A. The law requires that the new job be in the “same or similar occupational classification”. There are those who take the position that a “physician is a physician” on the liberal end of the spectrum and those who would apply a far narrower definition. An analysis must be undertaken to determine how the Department of Labor classifies the old and new jobs before making a decision.
