Brief Overview:After receiving IME (Independent Medical Examination) results, Calgary employers should carefully review the findings and take appropriate actions. This may involve determining the employee’s fitness for work, planning accommodation measures if applicable, assessing disability claims, considering vocational rehabilitation options, and ensuring compliance with legal requirements.
Answer to the Question:
Calgary employers should consider the following steps after receiving IME results:
1. Assessing Fitness for Work: Evaluate whether the employee is fit to perform their job duties based on the IME report. If they are deemed unfit, explore reasonable accommodations or alternative placement within the organization.
2. Accommodation Measures: If the IME indicates that accommodation is necessary for an employee to perform their job adequately, engage in a dialogue with them to identify suitable modifications or adjustments that can be made in accordance with relevant legislation.
3. Disability Claims Evaluation: Use IME results to assess any ongoing disability claims objectively. The expert opinion provided by an independent medical professional can assist in determining if there is sufficient evidence of debilitating conditions that justify continued absence from work or eligibility for long-term disability benefits.
4. Vocational Rehabilitation Planning: For employees found partially fit for employment after an IME assessment but unable to return to their previous position due to limitations identified during evaluation; evaluate vocational rehabilitation options such as retraining or job modification programs to facilitate successful return-to-work outcomes.
5. Legal Compliance: Ensure compliance with federal and provincial laws governing disability management practices throughout this process while adhering closely to privacy regulations when sharing and storing sensitive medical information obtained through the IME process.
FAQs:
1. Are Calgary employers required by law to obtain an Independent Medical Examination?
– It depends on specific circumstances like claim complexity or suspicion of malingering; however, it is not a mandatory requirement under normal circumstances.
2. Can employees refuse an Independent Medical Examination requested by their employer?
– Employees generally cannot refuse a properly conducted IME as long as it is reasonable, necessary, and in line with privacy regulations. Refusal without a valid reason may impact the assessment of their disability claim or ability to accommodate.
3. Who pays for an Independent Medical Examination in Calgary?
– The employer typically covers the cost of an IME unless otherwise specified by legislation, collective bargaining agreements, or insurance policies.
4. How long does it usually take to receive IME results in Calgary?
– The turnaround time can vary depending on factors such as the complexity of the case and availability of medical professionals but generally ranges from a few days to several weeks.
5. Can employers only rely on Independent Medical Examination results when making decisions about accommodation or claims management?
– While IME reports are valuable tools, additional considerations such as medical documentation provided by treating physicians and input from workplace experts should also be taken into account when making informed decisions.
6. What happens if there is a disagreement between the Independent Medical Examiner’s findings and those of the employee’s healthcare provider?
– In cases where conflicting opinions arise after an IME evaluation, seeking further expert opinions or engaging in mediation processes may help resolve discrepancies constructively.
7. Is there any legal recourse available if an employer mishandles Independent Medical Examination results?
– Employers must handle sensitive medical information obtained through the IME process appropriately; failure to do so may result in legal consequences under privacy laws that protect employee rights.
BOTTOM LINE:
When faced with IME results, Calgary employers should carefully review them while considering relevant legal obligations regarding accommodations, disability claims evaluations,
and return-to-work planning options. Taking proactive steps based on these assessments will help ensure fair treatment for employees while minimizing potential liability risks for employers