Employers

As an Employer or Human Resource professional, you need to understand
the plan member’s prognosis, the required interventions, and the return-to-work recommendations,
including restrictions and limitations, to achieve the employee’s optimal performance.

IMA Solutions is here to expand the capacity of our clients, enabling them to provide
superior services and outcomes to their plan members and employees. Our experts provide clinical
diagnosis, can provide treatment plan recommendations, and prognosis on return-to-work and
function. 

A few things to consider for employer ordered IMEs:

The employer is likely entitled to medical disclosure as follows:

  • The person in the employer Human Resources Department is also an adjudicator for short-term or long-term disability and the employee is aware of that.
  • The employer has a separate department such as a Health Services Department or a department that routinely does case management for disability cases, and the employees in that department routinely receive medical information as a part of their case management duties.
  • It states in the master agreement between the union and the employer that the employer is privy to medical information in certain situations.
  • The independent medical examination is requested for arbitration purposes. This can be considered a medical-legal case.   This includes union appeals of LTD & WCB cases

Employer IMEs require a high degree of sensitivity to privacy.

A physician conducting an employer-initiated IME is responsible for respecting the employee’s right to keep confidential medical information from their employer. There are strict guidelines around what information can be released and to whom, and explicit and specific written consent is required for the release of all medical information.

In general, employers are only allowed to request the minimum amount of information to ensure workplace safety and to provide disability accommodations. Privacy legislation and case law regarding employer IMEs have established that for the most part, an employer is not entitled to a medical diagnosis. However, they are allowed to request the following information:

  • Whether there is a bona fide medical condition that impacts the individual’s ability to conduct all or part of their work safely.
  • The expected length of disability and absence (prognosis for recovery).
  • Whether it is a temporary or permanent absence; and
  • Other information, such as work restrictions or limitations, to assist with accommodating a returning employee.

There are very limited circumstances when a diagnosis would be required from the employee or doctor to the employer. The most common exception would be if the report is to be released to an occupational health or disability management professional and the full medical report is required to assist the employee with their recovery.  If no medical professional on staff or occupational health department, then a redacted non –medical summary report is sent to the employer that is inclusive of treatment recommendations, restrictions, limitations, prognosis for return to work and will confirm whether there is a bona fide illness or injury.

In all cases, explicit consent is required from the employee.