Can An Ontario Employee Refuse An Ime?

Quick Overview:In Ontario, employees generally do not have the right to refuse an Independent Medical Examination (IME) requested by their employer or insurance company. However, there are certain circumstances in which an employee may be able to challenge the necessity or conduct of an IME.

Answer:

Yes, an Ontario employee can refuse an IME under specific circumstances. Here are five supporting facts:

1. Employer’s right to request IME: Employers and insurance companies have the right to request an IME as part of their investigation into a disability claim or workplace accommodation process.
2. Employee’s obligation: Employees are generally obligated to cooperate with reasonable requests for medical information and assessments related to their employment.
3. Reasonable grounds for refusal: An employee may refuse an IME if they believe there is no legitimate reason for it, such as when it is unrelated to their job duties or accommodation needs.
4. Challenging the necessity: If an employee believes that the requested IME is unnecessary or excessive, they can discuss their concerns with their employer or seek legal advice on challenging its requirement.
5. Potential consequences: Refusing a reasonable request for an IME without valid grounds could lead to disciplinary action by the employer or denial of benefits.

FAQs:
1. Can my employer force me to attend an IME?
Generally, yes. Employers have the right to request reasonable medical examinations related to your employment.

2. What if I feel uncomfortable attending the selected examiner?
You can express your concerns about a particular examiner’s qualifications or impartiality and ask for alternative options.

3. Can I bring someone with me during the examination?
It depends on the circumstances and policies of your employer/insurer; you should clarify this beforehand.

4. Can I get a copy of my IME report?
In most cases, you will be entitled to receive a copy of your own report upon written request.

5.Can I challenge the findings of the IME?
Yes, you can challenge the findings if you believe they are inaccurate or biased. Seeking legal advice is recommended in such cases.

6. What should I do if I have concerns about the conduct of the IME?
You should document your concerns and discuss them with your employer or seek legal advice on how to address any inappropriate conduct during the examination.

7. Can my employer use an IME as a basis for termination?
An IME report alone cannot be used as grounds for termination; however, it may contribute to an overall assessment of your ability to perform job duties.

BOTTOM LINE:
While employees generally do not have the right to refuse an IME in Ontario, there are circumstances where they may be able to challenge its necessity or conduct. It is important for employees to understand their rights and obligations regarding IMEs and seek legal advice when necessary.