Are Employers In Calgary Required To Act On IME Recommendations?

Brief Overview:Employers in Calgary are not legally required to act on Independent Medical Examination (IME) recommendations. However, it is generally recommended that employers take IME recommendations into consideration when making decisions regarding the accommodation and return-to-work plans for employees.

No, employers in Calgary are not required by law to act on IME recommendations.

Supporting Facts:
1. While employers have a duty to reasonably accommodate employees with disabilities under human rights legislation, they have some discretion in determining how accommodations should be provided.
2. IMEs are often conducted to provide an objective assessment of an employee’s medical condition and functional abilities, which can help inform the accommodation and return-to-work process.
3. Employers may still choose to seek a second opinion or explore other options before acting solely based on IME recommendations.
4. In some cases, employers may consider additional factors such as job-related requirements and operational constraints when deciding how to address workplace limitations identified through an IME.
5. Ultimately, the decision whether or not to act on IME recommendations lies with the employer.


1. Can an employer ignore IME recommendations altogether?
No, while legally not obligated, it is generally recommended that employers consider IME recommendations as part of their decision-making process.

2. What if there is a disagreement between the employee’s own doctor and the IME findings?
If there is conflicting information from different medical professionals, it may be advisable for employers to seek further opinions or consult experts in order to make informed decisions.

3. Are there any legal consequences for disregarding or dismissing IME findings?
In general terms – no specific laws impose penalties for ignoring IME findings; however, doing so could potentially expose employers to allegations of failure in accommodating disabled employees leading possibly toward legal actions against them.

4. Can employees challenge an employer’s decision not to follow the recommended accommodations from an evaluation?
Yes, employees have the right to challenge an employer’s decision not to follow recommended accommodations. They may file a complaint with the appropriate regulatory bodies or pursue legal action if they believe their rights under human rights legislation were violated.

5. Can IME recommendations be used as evidence in legal proceedings?
Yes, IME recommendations can be considered as evidence in legal proceedings related to disability claims and workplace accommodation disputes.

6. Are there any guidelines or best practices for employers when dealing with IME findings?
While specific guidelines may vary depending on jurisdiction and industry, it is generally advisable for employers to document their reasons for accepting or rejecting IME recommendations and ensure they are acting in good faith toward accommodating disabled employees.

7. What other factors should employers consider besides the IME recommendations when making decisions about accommodation?
Employers should take into account job-related requirements, operational constraints, input from the employee themselves (if possible), and other relevant medical information when considering how to accommodate an employee with a disability.

Although employers in Calgary are not legally required to act on IME recommendations, it is generally recommended that these recommendations be taken into consideration as part of the decision-making process regarding workplace accommodations. Employers should exercise caution and seek additional opinions if necessary before making final decisions concerning disabled employees’ accommodations.