What Actions Should Alberta Employers Take After Receiving Ime Results?

Quick Overview:After receiving Independent Medical Examination (IME) results, Alberta employers should take several actions to ensure proper disability management and compliance with legal requirements. These actions include reviewing the IME report, considering its implications for the employee’s ability to work, communicating with the employee and their healthcare provider, making appropriate workplace accommodations if required, and documenting all steps taken in the process.

Supporting Facts:
1. Reviewing the IME report: Employers should carefully read through the IME report to understand its findings and recommendations regarding the employee’s medical condition and functional abilities.
2. Considering implications for work: The employer needs to assess how the IME results may impact the employee’s ability to perform their job duties or return to work.
3. Communicating with employees: It is important for employers to have open communication with employees about their health status and any necessary accommodations or modifications that may be needed.
4. Consulting healthcare providers: Engaging in dialogue with an employee’s healthcare provider can provide valuable insights into understanding the medical condition further and exploring possible treatment plans or adjustments.
5. Documenting all steps taken: Employers must keep detailed records of all interactions related to an employee’s disability management process, including discussions held, decisions made, accommodation measures implemented, etc.

FAQs:

Q1: Can an employer rely solely on IME results when making decisions about an employee?
A1: No; while IMEs provide valuable information about an individual’s medical condition, other factors such as job requirements and potential workplace accommodations should also be considered.

Q2: What if there are discrepancies between a previous assessment by a treating physician and the IME results?
A2: In such cases, it is advisable for employers to consult both parties involved (treating physician & examiner) for clarification before making any final determinations.

Q3: Are employers obligated under Alberta law to accommodate employees based on IME recommendations?
A3: Yes, employers have a duty to accommodate employees with disabilities up to the point of undue hardship, as outlined in the Alberta Human Rights Act.

Q4: Can an employee challenge the results of an IME?
A4: Yes, employees can request a review or provide additional medical evidence to contest the findings if they believe it does not accurately represent their condition.

Q5: How long should employers retain records related to disability management and IMEs?
A5: Employers should follow provincial legislation requirements for record retention. In Alberta, it is generally recommended to keep such records for at least six years.

Q6: What if an employee refuses accommodations suggested based on IME results?
A6: Employers should engage in interactive discussions with the employee to understand their concerns and explore alternative accommodation options that may be more acceptable.

Q7: Can an employer terminate an employee based solely on IME results?
A7: Termination decisions should consider all relevant factors, including legal obligations regarding accommodation. Relying solely on IME results without proper consideration may expose employers to potential legal risks.

BOTTOM LINE:
Alberta employers must carefully review and consider Independent Medical Examination (IME) results when managing disabilities in the workplace. Open communication with employees and healthcare providers is essential, along with documenting all steps taken throughout the process. Compliance with legal obligations regarding accommodation is crucial for avoiding potential legal risks associated with termination decisions based solely on IME findings.