Home|Webinars|The ABCs of IMEs Reimagined

The ABCs of IMEs Reimagined: Reviewing the basics, exploring collaborative models

Wednesday, October 6, 2021, 12:30 pm - 2:00 pm ET



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Moderators


Keith Burkhardt

Employer Counsel
Sherrard Kuzz LLP
Anne Gregory

Legal Counsel
Manitoba Nurses Union

Issues

The use of independent medical examinations (IMEs) in determining appropriate accommodations is highly contentious. Unions and employees may doubt the independence of a physician designated by the employer or whose income is derived mostly from performing evaluations for employers and insurance companies. Employees may be reluctant to lay bare intimate details of their lives before a stranger and the employer. Employers, on the other hand, may have reason to doubt the objectivity or adequacy of an employee's health care provider. In this session, experts will discuss this dilemma, specifically addressing the following questions:

  • How and when are IMEs typically used in the accommodation process? What are the problems with the prevailing approach to IMEs from the employer's perspective? What are the problems from the perspectives of unions and employees?
  • Are there legitimate concerns about the adversarial way IMEs are often used? Do IMEs cause undue stress to employees, leading to or aggravating mental disorders?
  • Do medical examiners who make IMEs their primary business have the independence and clinical experience to provide information that is both unbiased and useful in accommodating an employee?
  • Would functional ability or functional capacity assessments, which are often conducted by psychologists or occupational therapists, provide information that is more useful in fashioning an appropriate accommodation than medical examinations performed by physicians?
  • Can an agreed-upon IME or functional assessment process benefit all parties — the employer, the employee, and the union?
  • What are the key features of an IME or functional assessment process that is acceptable to all parties?
  • Should unions and employers make more use of agreed-upon experts — whether physicians, psychologists, or occupational therapists — to resolve disputes regarding accommodation before they proceed to arbitration?
  • Even if parties cannot agree on a standard IME or functional assessment process, what should be done to balance an employee's rights to privacy and accommodation and an employer's interest in having sufficient information to provide safe, appropriate accommodation?

Accreditation


HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.

  • This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.
  • This program has been approved by CPHR BC and Yukon for 1.5 Continuing Professional Development hours.
  • This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • This program has been approved by the Law Society of New Brunswick for 1.5 Continuing Professional Development hours.
  • This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive hours; 0 Professionalism hours.
  • Members of the Nova Scotia Barristers’ Society may consider counting this program for 1.5 Continuing Professional Development hours.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Live webinar, video, and MP3 bundle – $430
Live webinar – $265
Video and MP3 – $265
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.

REGISTRATION INFORMATION
Webinar video and MP3 files are available for $265. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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