Can Employers Ask for a Second Medical Opinion?

Yes.  A recent Ontario Court Decision provides clarity on an employer’s right for an Independent Medical Exam (IME) during the Return to Work and Accommodation of Duties processes.

Brian Silva of CCPartners Law Firm posted an article about the decision.  To view the full article, click here.  

In summary:

“Employers should take from this decision that they have a [Human Rights] Code-based right to request an IME if there are reasonable concerns about the adequacy, reliability or validity of the medical information provided by an employee’s medical professional. However, when corresponding with the examining medical professional, employers must be careful to only request information that is directly relevant to the accommodation process and to not provide any information to the examiner that could impair the examiner’s medical professional’s objectivity.”

If you have questions about the Return to Work process or how to fulfill your obligations under the Human Rights Code to accommodate work duties please contact me. I have many years of experience in this area.