Can Ime Results Be Challenged In Alberta Courts Or Labor Tribunals?

Quick Overview:IME results can be challenged in Alberta courts or labor tribunals. However, it is important to note that challenging IME results can be a complex and time-consuming process. To successfully challenge IME results, you need strong supporting evidence and the assistance of legal professionals who specialize in disability management.


1. Expertise of the assessor: One way to challenge IME results is by questioning the expertise and qualifications of the assessor. If there are concerns about their credentials or bias, it may weaken the credibility of their assessment.

2. Inadequate examination process: Another way to challenge IME results is by highlighting any flaws or inadequacies in the examination process itself. This could include issues such as rushed assessments, lack of thoroughness, or failure to consider relevant medical information.

3. Contradictory medical opinions: If there are contradictory medical opinions from other healthcare professionals regarding your condition, it can provide grounds for challenging IME results. These differing opinions can create doubt about the accuracy and validity of the initial assessment.

4. Failure to consider functional limitations: A successful challenge may also arise if it can be demonstrated that the assessor failed to adequately consider your functional limitations caused by your disability or injury during the assessment process.

5. Procedural errors: Challenging IME results on procedural grounds is another avenue worth exploring. This could involve demonstrating that proper protocols were not followed during the assessment or that there was a breach of confidentiality.

Frequently Asked Questions (FAQs):

Q1: Can I request a copy of my IME report?
A1: Yes, you have a right to obtain a copy of your IME report upon written request within 30 days after its completion.

Q2: How long do I have to file an appeal against an unfavorable IME result?
A2: The timeframe for filing an appeal varies depending on whether it’s before a court or labor tribunal. It is advisable to consult with legal professionals to understand the specific deadlines that apply in your case.

Q3: What evidence do I need to challenge IME results?
A3: To successfully challenge IME results, you will typically need strong supporting evidence such as contradictory medical opinions, expert testimonies, and documented procedural errors.

Q4: Can I represent myself when challenging IME results?
A4: While it is possible to represent yourself, it is highly recommended to seek the assistance of legal professionals who specialize in disability management. They can provide guidance and expertise throughout the challenging process.

Q5: How long does it take for a challenge against IME results to be resolved?
A5: The duration of resolving a challenge against IME results can vary depending on various factors such as complexity of the case and backlog of court or tribunal proceedings. It’s best to consult with legal professionals for an estimate based on your specific circumstances.

Q6: Can I request a second opinion if I disagree with my initial IME result?
A6: Yes, you have the right to request a second opinion from another qualified assessor if you disagree with your initial IME result. This can provide additional support when challenging the initial assessment.

Q7: Are there any costs associated with challenging IME results?
A7: Challenging IME results may involve certain costs such as legal fees and obtaining additional medical opinions. However, some legal professionals offer free consultations where they can assess your case before proceeding further.

IME results can be challenged in Alberta courts or labor tribunals by questioning the expertise of assessors, highlighting flaws in examination processes, presenting contradictory medical opinions, demonstrating failure to consider functional limitations, or raising procedural errors. However, successfully challenging these assessments requires strong supporting evidence and specialized legal assistance.