Court considers right to terminate disability benefits for failure to attend Independent Medical Exam
In Nayyar v. Manufacturers Life Insurance Company/La Compagnie D'Assurance Manufactures, 2012 BCSC 28, the BC Supreme Court considered the right of the employer/disability plan administrator/insurer to terminate an employee's disability benefits for failing to attend an Independent Medical Exam ("IME").
Of specific value is this overview of the law on IME's that the court set out:
 Given the continuing nature of a claim under a disability policy, an insurer is entitled to information concerning the insured in order to properly assess the claimant's ongoing entitlement to receive disability benefits: Paul Revere Life Insurance Company v. Patterson, 2002 BCSC 138 (CanLII), 2002 BCSC 138 at para. 12, 99 B.C.L.R. (3d) 189. read more »
"Accommodation of Mental Disabilities in B.C." (June 2010) is the title of a paper written by Taryn Mackie. Ms. Mackie is a lawyer at Bull Housser Tupper in Vancouver, BC.
The Table of Contents set out the following topics:
- What Constitutes a Mental Disability under the Human Rights Code
- Properly Assessing the Disability
- The Employer's Duty to Make Inquiries
- Determining the Nature and Extent of the Accommodation
- The Employee's Obligations with respect to Accommodation
- Case Example: ADGA Group Consultants Inc. v. Lane
- Terminating Employment When Accommodation is Not Possible or is Unsuccessful
Vancouver labour and employment lawyers Carmen Overholt, Q.C. and Matthew Curtis have written a paper on, "Employer Rights and Obligations in Connection with Employee Personal Medical Information".
The paper was written for the Meeting of the Council of Industrial Relations Executives on June 8 and 9, 2010 in Vancouver, British Columbia with the assistance of David R. Phillips, articled student.
Lancaster House presented an audio-conference last Thursday (May 13, 2010) on the "Top 10 Cases on Workplace Privacy in the Unionized Workplace". The cases covered - there were more than 10 - were:
Reasonable to request Functional Capacity Evaluation and Independent Medical Examination in accommodation process
In a recent case - Sluzar v. City of Burnaby (No. 3), 2010 BCHRT 19 - the BC Human Rights Tribunal ruled, among other things, that the employer had a valid and reasonable basis for requesting that the employee attend a Functional Capacity Evaluation (FCE) and an Independent Medical Examination (IME) with a psychologist, as part of the accommodation process.
You can read Bull Housser Tupper's summary of this case here.