Brief Overview:In Saskatchewan, an employer has the right to request a second Independent Medical Examination (IME) if they disagree with the findings of the first IME. However, certain conditions must be met for this request to be considered valid.
Answer:
Yes, an employer in Saskatchewan can request a second IME if they disagree with the first one.
Supporting Facts:
1. The Workers’ Compensation Act in Saskatchewan allows employers to seek another medical examination when they have reasonable grounds to believe that the initial assessment is incorrect or inadequate.
2. The employer must provide specific reasons why they believe the first IME was flawed or inaccurate.
3. It is recommended that employers consult their legal advisors before requesting a second opinion, as there may be consequences and potential costs associated with it.
4. The decision regarding whether to allow a second IME lies with the workers’ compensation board or insurance provider handling the claim.
5. If a request for a second IME is granted, it will typically be conducted by a different healthcare professional than who performed the initial examination.
FAQs:
Q1: Can an employer ask for multiple IMEs until they get results favorable to them?
A1: No, employers cannot continuously request new examinations in hopes of getting more desirable results. A legitimate reason must exist for questioning the reliability of previous assessments.
Q2: How long does an employer have to make a request for a second IME?
A2: There are no specific deadlines provided under Saskatchewan’s legislation; however, prompt action is recommended once disagreement arises.
Q3: Does requesting a second IME guarantee different findings?
A3: Not necessarily. Each healthcare professional conducts their assessment independently based on available information and expertise.
Q4: Who covers the cost of additional exams requested by employers?
A4: In most cases, employers are responsible for covering any costs associated with independent medical examinations requested by them.
Q5: What happens if the second IME supports the findings of the first one?
A5: If the second examination aligns with the initial assessment, it strengthens its validity and may challenge any doubts raised by either party.
Q6: Can an employee refuse to attend a second IME requested by their employer?
A6: Employees are generally obliged to participate in reasonable requests for medical examinations related to their claim. Refusal without valid reasons may have implications for their benefits or potential legal proceedings.
Q7: Are there any limitations on requesting a second IME in Saskatchewan?
A7: While employers can request a second IME, they should be aware that excessive or unjustified requests may impair trust and cooperation between parties involved in claims management.
BOTTOM LINE:
In Saskatchewan, an employer has the right to request a second Independent Medical Examination (IME) if they disagree with the initial assessment. However, this request must be based on legitimate concerns and supported by specific reasons. Employers should seek legal advice before making such requests as additional costs may apply. It is important to remember that each examination is conducted independently, and subsequent findings are not guaranteed to differ from the first assessment.