Can An Calgary Employer Request A Second IME If They Disagree With The First?

Brief Overview:In Calgary, Canada, an employer has the right to request a second Independent Medical Examination (IME) if they disagree with the findings of the first IME. However, there are specific factors to consider before requesting a second IME.

Yes, a Calgary employer can request a second IME if they disagree with the first. However, certain conditions must be met. Here are five supporting facts:

1. Valid reasons: The employer must have valid reasons for disagreeing with the findings or conclusions of the first IME. Mere dissatisfaction may not be considered sufficient grounds for a second evaluation.

2. Specialist expertise: If the first IME was conducted by a generalist or non-specialist physician and additional medical expertise is required in evaluating the employee’s condition, then an employer may reasonably seek a second assessment from an appropriate specialist.

3. Internal review process: Employers should have an internal review process in place where they thoroughly examine and evaluate all relevant information related to their disagreement with the initial IME report before proceeding with requesting another examination.

4. Impact on disability management plan: If significant discrepancies exist between the initial recommendations made by the assessing physician and what is best suited for effective disability management within an organization, employers may choose to obtain additional opinions through subsequent examinations.

5. Compliance with legal requirements: Employers must ensure that their actions comply with relevant legislation governing workplace accommodations and disability management processes to avoid potential legal repercussions when seeking multiple assessments.


1. Are there any limitations on how many times an employer can request multiple IMEs?
There are no strict limitations set regarding how many times an employer can request successive independent medical evaluations; however, repeated requests without reasonable cause may raise questions about fairness and could potentially lead to conflict or legal challenges from employees.

2. Can employees refuse to participate in subsequent IMEs requested by their employers?
Employees generally have obligations under employment contracts or collective bargaining agreements to cooperate with reasonable requests for medical evaluations. However, if the request for a second IME lacks proper justification or is not reasonably related to the employee’s condition, there may be grounds for refusal.

3. What factors should employers consider before requesting a second IME?
Employers should ensure that they have valid reasons supporting their disagreement with the first IME and that obtaining additional information through another examination is necessary and in line with their disability management plan.

4. Who selects the physician for the second IME?
The choice of physician often depends on various factors such as expertise required, potential conflicts of interest, and agreement between parties involved (employer, insurer, legal representatives). It is advisable to involve all stakeholders in selecting an impartial specialist who can conduct a fair evaluation.

5. Are employees entitled to see reports from both IMEs?
Typically, employees will have access to reports generated by each independent evaluation conducted at employer cost concerning their health conditions or disabilities under applicable privacy laws unless specific legal exceptions apply.

6. How much time can elapse between conducting multiple IMEs?
The timing largely depends on individual circumstances but generally speaking, six months to one year gap between successive examinations might be considered reasonable unless there are significant changes in an employee’s condition during this period.

7. Can an employer solely rely on the findings of subsequent assessments and ignore earlier recommendations entirely?
While subsequent assessments provide new insights into an employee’s condition and abilities/disabilities; complete disregard of previous opinions may not appear fair or justifiable without appropriate validation by objective evidence or substantial reasoning based on expert advice

In Calgary, Canada, employers have the option to request a second Independent Medical Examination if they disagree with the first assessment report. However; it needs careful consideration including valid reasons for disagreement & need for additional information regarding employee’s conditions prior moving forward since repeated requests without proper cause could lead to conflict or even legal issues from staff members concerned.
Further, adherence to legal requirements, involvement of all stakeholders in choosing an impartial specialist for subsequent assessments and providing access to evaluation reports are crucial aspects to ensure a fair and efficient process.