Brief Overview:In New Brunswick, an employee does not have the right to refuse an Independent Medical Examination (IME) requested by their employer or insurance company. However, there are certain factors that must be considered in this situation.
Answer:
An employee in New Brunswick cannot refuse an IME requested by their employer or insurance company. This is because the employer or insurer has the right to obtain medical information relevant to assessing a disability claim. Refusing to attend an IME can have consequences for the employee’s benefits and legal rights.
Supporting Facts:
1. Legal obligation: In New Brunswick, employees have a legal duty to cooperate with their employer or insurer during the claims process, which includes attending scheduled IMEs.
2. Insurance policy requirements: Most disability insurance policies include provisions requiring claimants to submit to IMEs as part of the claims assessment process.
3. Assessing disability: An IME helps assess the nature and extent of a person’s disability and its impact on their ability to work. It provides objective medical evidence that aids in determining eligibility for benefits.
4. Consequences of refusal: If an employee refuses an IME without valid reasons, it may lead to suspension or denial of benefits under both workers’ compensation and private insurance plans.
5. Legal implications: Refusal may also weaken any potential legal claim against employers or insurers if they fail to provide appropriate accommodations based on medical recommendations obtained through an IME.
FAQs:
1. Can my employer force me to attend an IME?
Yes, your employer can request you attend an IME as part of assessing your disability claim under workers’ compensation laws or private insurance policies.
2. What happens if I refuse?
If you unreasonably refuse without valid reasons, your benefits may be suspended or denied until you comply with attending the required examination(s).
3. Are there any exceptions where I can refuse?
There are limited circumstances where refusing might be justified, such as if the examination location is inaccessible or if there are concerns about the examiner’s qualifications. However, these exceptions are subject to scrutiny.
4. Can I bring someone with me to the IME?
In most cases, you can have a support person present during an IME. However, this may be subject to approval from your employer or insurer and should not interfere with the assessment process.
5. What if I disagree with the IME findings?
If you disagree with the findings of an IME, you may seek a second opinion from another qualified medical professional. This can provide additional evidence when disputing benefit denials or seeking accommodations.
6. Can my employer use information obtained in an IME against me?
The information obtained through an IME is generally used for assessing disability claims only and should not be used against you in other employment-related matters unless it directly pertains to your ability to perform job duties.
7. Can I request a copy of the IME report?
In most cases, you have a right to receive a copy of any reports generated from an IME that relates specifically to your claim for benefits under workers’ compensation laws or private insurance policies.
BOTTOM LINE:
While employees in New Brunswick do not have the right to refuse attending an Independent Medical Examination (IME) requested by their employer or insurer, there may be limited circumstances where refusal might be justified. It is essential for employees and employers alike to understand their rights and obligations regarding IMEs within their jurisdiction’s legal framework.