What Are The Implications If An Calgary Employee Refuses An IME?

Brief Overview:If a Calgary employee refuses to attend an Independent Medical Examination (IME), there can be several implications for both the employee and their employer. An IME is often requested by employers or insurance companies to assess the medical condition of an employee and determine their ability to work. Refusing to attend an IME may have consequences related to employment, benefits, and potential legal action.

Supporting Facts:
1. Attendance at an IME is usually a contractual obligation: Many employment contracts or disability benefit plans include clauses that require employees to attend IMEs when requested. Failure to comply with this requirement may lead to disciplinary action or even termination.
2. Possible loss of income or benefits: If an employee refuses an IME without valid reason, they may face consequences such as losing income replacement benefits if they are on disability leave.
3. Adverse impact on future claims: Refusing an IME can potentially harm any future claims made by the employee related to their medical condition since it could raise suspicions about the legitimacy of their condition.
4. Legal actions initiated by the employer/insurer: Employers or insurance companies might take legal action against employees who refuse an IME if they believe it has caused financial losses or if there are concerns regarding fraudulent claims.
5. Burden of proof shifts onto the refusing party: If litigation arises from a refusal, the burden of proving that attending the examination was unreasonable typically falls on the person who refused.


1. Can my employer force me to attend an IME?
In most cases, yes – either through contractual obligations in your employment agreement or as part of your benefit plan’s requirements.

2. What should I do if I have legitimate reasons for not attending?
Communicating openly with your employer, providing supporting documentation from healthcare providers, and discussing alternatives may help address any concerns about attending.

3.Can I lose my job for refusing just one imes?
It depends on the specific circumstances and employment laws in Calgary, but repeated refusals or significant consequences resulting from the refusal may lead to termination.

4. Can my employer penalize me for attending an IME?
Employers generally do not penalize employees for complying with obligations related to IMEs. However, if you face any adverse consequences for attending, you should seek legal advice.

5. What happens if I refuse an IME because of concerns about the examiner’s objectivity?
Communicate your concerns with your employer promptly and seek alternative solutions. If you believe there is a conflict of interest or bias, consult with legal counsel to determine appropriate actions.

6. Can I reschedule an IME appointment?
It depends on the specific circumstances and agreement between parties involved. Communicating early and providing valid reasons may increase the likelihood of accommodating a rescheduling request.

7.What should I do if I want to contest the results of an IME?
If you have concerns about the accuracy or fairness of an IME report, it may be possible to challenge its findings through appropriate processes outlined by your employer/insurer.

Refusing to attend an Independent Medical Examination (IME) can have various implications for Calgary employees, including potential job loss, loss of benefits such as income replacement payments, and negative impacts on future claims related to their medical condition. It is important for both employees and employers to understand their rights and responsibilities regarding IMEs within their contractual agreements or benefit plans while considering jurisdiction-specific regulations