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independent medical review

By Christina Catenacci, BA, LLB, LLM, PhD | 4 Minutes Read March 6, 2012

What’s reasonable when assessing an employee’s fitness to return to work?

When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required...

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Human Rights, Privacy, Union Relations / accommodation, collective agreement, confidential information, cooperate during accommodation, Disability, Disclosure of medical information, duty to accommodate, employment law, fitness to return to work, functional limitations, human rights code, independent medical review, invasion of privacy, Jones v. Tsige, mental disability, Ontario Labour Arbitration Board, undue hardship

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