Question and answer
Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes

FOR EMPLOYEES
FOR EMPLOYERS




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


In am currently on an GRTW palnapproved by my doctor and the LTD insurer. My employer does not approve the GRTWP and has told me that I cannot increase my work hours until I have had an independent medical examination. I am currently working 25 hours/week, increasing to full time 37.5 hours /week by late January, 2026

The LTD insurer is not requesting the IME, only my employer.
Can I refuse to give consent to the IME? Do I have any grounds for constructive dismissal or some other legal remedy?

This matters requires a consultation over the phone as we need to understand better your accommodation needs and how your doctor and insurer communicated them to the employer. If there is miscommunication or a disconnect in information, can your own doctor address it before an Independent Medical Examiner takes over? I recommend you contact us at the number below to book a consultation before you respond to the IME request. Advise the employer that you need to consider their request and contact us in the meantime.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
Leave a comment