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

Brief Overview:In Nova Scotia, 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 to consider before making such a request. This article will provide an answer to the question along with five supporting facts, followed by seven detailed FAQs and answers based on the specific jurisdiction of Nova Scotia.

Answer:
Yes, an employer in Nova Scotia can request a second IME if they disagree with the first. Here are five supporting facts:

1. Right to challenge medical assessments: Employers have the right to challenge medical assessments that may impact decisions regarding disability claims or workplace accommodation.
2. Objective opinion: A second IME provides an additional opinion from an independent healthcare professional who can offer an objective assessment of an employee’s condition.
3. Ensuring accuracy and fairness: Requesting a second IME helps employers ensure accuracy and fairness in their decision-making processes related to disability management.
4. Justification for policies or actions: By obtaining multiple medical opinions through IMEs, employers can justify any policies or actions taken as a result.
5. Protecting against potential biases: A second IME helps protect against potential biases or inaccuracies that may arise from relying solely on one assessment.

FAQs:

1. Can employees refuse a second IME?
– Generally, employees cannot refuse a reasonable request for a second IME unless they have valid reasons supported by medical evidence.

2. Are there any limitations on requesting multiple IMEs?
– While there is no set limit on how many times an employer can request additional IMEs, it should be done reasonably and not cause undue hardship for employees.

3. Who pays for the cost of the subsequent IMEs?
– In most cases, employers are responsible for covering all costs associated with both initial and subsequent requested IMEs.

4.Zero Risk policy

5.Grounds for disagreeing with the first IME

6.Can employers only rely on the second IME?

7.What happens if the findings of the second IME contradict those of the first one?

BOTTOM LINE:
In Nova Scotia, an employer has the right to request a second Independent Medical Examination (IME) if they disagree with the initial assessment. However, this should be done reasonably and not cause undue hardship for employees. Requesting multiple IMEs allows employers to have additional medical opinions to ensure accuracy and fairness in their decision-making processes related to disability management.