What Are The Implications If An New Brunswick Employee Refuses An IME?

Brief Overview:When an employee in New Brunswick refuses to undergo an Independent Medical Examination (IME), there are several implications that can arise. It is important for both employers and employees to understand these implications in order to navigate the situation effectively.

1. Legal consequences: Refusing an IME may have legal repercussions, as it could be seen as a breach of contract or non-compliance with workplace policies.
2. Impact on disability benefits: If an employee refuses an IME, it may affect their eligibility for disability benefits, as the examination is often required by insurance companies to assess the individual’s condition.
3. Employer’s decision-making process: An employer may rely on the results of an IME when making decisions regarding accommodation, return-to-work plans, or termination of employment. Without this information, they may face challenges in managing the employee’s disability effectively.
4. Implications for future claims: Refusing an IME can impact future claims related to the same injury or illness since it raises doubts about the validity of the employee’s condition.
5. Potential strain on relationships: A refusal to undergo an IME can strain relationships between employers and employees, leading to a breakdown in trust and communication.


1. Can I refuse to attend an IME if I feel uncomfortable?
Answer: While you have rights as an employee, refusing without valid reasons could lead to negative consequences such as loss of benefits or potential termination.

2. Is my consent required before undergoing an IME?
Answer: Yes, your consent is typically required before undergoing any medical examination.

3. What happens if I refuse but then change my mind later?
Answer: It depends on various factors such as timing and reason for refusal; however, changing your mind later might not always be possible or result in favorable outcomes.

4. Can my employer force me to attend multiple IMEs?
Answer: Generally speaking, attending one reasonable request for assessment is expected. However, multiple requests without valid reasons may be questioned.

5. What if I disagree with the results of the IME?
Answer: If you disagree with the results, it is important to seek legal advice and discuss your concerns with your employer or insurance company.

6. Can my employer use an IME as grounds for termination?
Answer: An IME report can be one factor that employers consider when making decisions about employment; however, it cannot solely be used as a basis for termination in most cases.

7. Are there any exceptions to attending an IME?
Answer: In certain situations where attending an IME would cause undue hardship or health risks, exceptions may be considered on a case-by-case basis.

Refusing to undergo an Independent Medical Examination (IME) in New Brunswick can have significant implications for both employees and employers. It is crucial for all parties involved to understand their rights and responsibilities in order to navigate this situation effectively while maintaining open lines of communication and trust. Seeking legal advice can also provide guidance on how best to proceed in such circumstances.