The Quick Answer:During an Independent Medical Examination (IME) in Quebec, the employer’s liability is limited to providing reasonable accommodations for the employee’s attendance at the examination and ensuring that any requested medical records are provided.
5 Supporting Facts:
1. In Quebec, employers have a legal obligation to accommodate employees with disabilities under the Charter of Human Rights and Freedoms.
2. Accommodations may include granting time off work for attending medical appointments or examinations.
3. Employers must also ensure that any requested medical records are provided to the examiner within a reasonable timeframe.
4. The purpose of an IME is to obtain an independent assessment of an employee’s medical condition or disability-related limitations.
5. The results of an IME can be used by employers, insurance companies, or the legal community as part of their decision-making process regarding disability claims or return-to-work plans.
7 Detailed FAQs:
Q1: Can employers refuse to allow employees to attend an IME?
A1: No, employers cannot refuse unless there are valid reasons such as operational requirements that prevent accommodating the request.
Q2: Are employers responsible for covering the costs associated with attending an IME?
A2: Generally, employers do not have a legal obligation to cover transportation or other costs related to attending an IME unless it was agreed upon in employment contracts or collective agreements.
Q3: What happens if an employee refuses to attend an IME?
A3: If there is no valid reason for refusing and it hinders proper assessment or accommodation planning, it may impact decisions on disability benefits eligibility or return-to-work plans.
Q4: Can employers request specific information from the examiner during an IME?
A4: Employers can provide relevant questions about job-related functions but should avoid requesting personal health information unrelated to work duties.
Q5: Is there a limit on how many times employees can be required to attend IMEs?
A5: There is no specific limit, but employers should ensure that the frequency and necessity of IMEs are reasonable and not excessively burdensome for employees.
Q6: Can an employee bring a support person to an IME?
A6: Employees have the right to request a support person’s presence during an IME, but it is subject to the examiner’s approval.
Q7: What if an employer disagrees with the findings of an IME report?
A7: Employers can seek additional medical opinions or challenge the report through appropriate legal channels if they believe there are valid grounds for doing so.
BOTTOM LINE:
During an Independent Medical Examination (IME) in Quebec, employers have limited liability. They must provide reasonable accommodations for attendance at the examination and ensure timely provision of requested medical records. Employers cannot refuse employees’ requests to attend IMEs unless there are valid reasons. While costs related to attending IMEs are generally not covered by employers, exceptions may exist based on employment contracts or collective agreements. The results of an IME can be used by various parties involved in decision-making processes regarding disability claims or return-to-work plans.