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I've been on LTD for 4+ years. I've complied with all requirements including sending my employer Dr.'s notes at regular intervals. When I sent in my most recent Dr.s note indicating I would be reviewed by a specific date, they sent a functional assessment form to be filled by my treating physician. They said it was to determine if employment was still viable for my return to work. However, my physician hasn't indicated a return to work date. Do I have to fill out the form? Are they trying to let me go through frustration of contract? And, would I be entitled to severance? I worked for them for 20 years prior to the LTD claim.

In some cases, not providing a functional assessment form could be construed as unreasonable as the employer is trying to determine what its obligations to the employee are. A medical note may or may not be sufficient but we cannot fully answer such an important question without more context about your situation and the correspondence with the employer to date.

I strongly recommend that you contact us at the number below to discuss your situation further.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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