Brief Overview:In New Brunswick, employers have the right to request a second Independent Medical Examination (IME) if they disagree with the findings of the first IME. However, there are certain factors and considerations that need to be taken into account when making this request.
Answer:
Yes, a New Brunswick employer can request a second IME if they disagree with the first one.
Supporting Facts:
1. The Workers’ Compensation Act in New Brunswick allows employers to seek an independent medical opinion by requesting an IME.
2. Employers may question or dispute the findings of the initial IME report based on various reasons such as incomplete information or conflicting opinions.
3. A second IME can provide additional insight and clarification on an employee’s medical condition and its impact on their ability to work.
4. Requesting a second IME demonstrates due diligence on behalf of the employer in ensuring accurate assessment and appropriate decision-making regarding disability management.
5. It is important for employers to follow proper procedures and guidelines when requesting a second IME to avoid any potential legal implications or disputes.
FAQs:
Q1: What should an employer do if they disagree with the findings of an initial IME?
A1: If an employer disagrees with the initial IME findings, they can consider requesting a second opinion through another independent medical examiner.
Q2: Can employees refuse to attend a second IME requested by their employer?
A2: Employees generally cannot refuse attendance at a properly requested second IMEs; however, specific circumstances may warrant legal advice.
Q3: Is there any time limit for employers to request a second IME after receiving the first one?
A3: There is no specific time limit mentioned under New Brunswick legislation for requesting a second opinion following receipt of an initial report; however, timely action is recommended.
Q4: Are employers required to pay for both the first and second independent medical examinations?
A4: Yes, employers are generally responsible for covering the costs associated with both the initial and second IMEs.
Q5: Can a second IME completely override the findings of the first one?
A5: While a second IME can provide additional information, it does not necessarily invalidate or override the findings of the first examination. The weight given to each report will depend on various factors such as expertise, credibility, and consistency.
Q6: What should employers consider before requesting a second IME?
A6: Employers should carefully review their reasons for disagreement with the first IME report and ensure that they have sufficient grounds to request a second opinion. Consulting legal advice may also be beneficial in certain situations.
Q7: Are there any potential risks involved in requesting a second IME?
A7: Requesting multiple IMEs without reasonable cause or proper justification may lead to increased costs and potential strain on employee-employer relationships. It is important for employers to exercise caution and follow appropriate procedures when considering this option.
BOTTOM LINE:
In New Brunswick, employers have the right to request a second Independent Medical Examination if they disagree with the findings of an initial assessment. However, it is crucial for employers to carefully evaluate their reasons for disagreement and follow proper procedures when making such requests. Seeking legal advice can help ensure compliance with relevant legislation while minimizing potential risks.