Common use of Independent Medical Examination Clause in Contracts

Independent Medical Examination. The purpose of IME’s is to assist those involved in the return to work process with necessary information, and/or to assist the Long Term Medical Placement Committee in its functions. Where independent medical information is deemed necessary by the employer, the employer will first discuss the necessity via the respective joint committee (either the Return to Work Union Representative or the members of the Long Term Medical Placement Committee, as the case may be). Should the Parties both agree with the necessity of the IME, the employee will then be advised. The employer will obtain two names of an appropriate Specialist in the related medical discipline; one of which the Union can select. If the Union does not agree with the requirement for an IME, the matter will be immediately referred to arbitration to decide whether the IME is warranted; such arbitral decision is not subject to further appeal or grievance by the employee. Should the Employer and Union agree through the respective committee that an IME is required, and the employee disagrees, he or she will be invited to meet with the committee to discuss the question. After this meeting, should the employer and Union agree that an IME is required, the employee will be required to cooperate. Should the Union disagree with the necessity, the matter will be immediately referred to arbitration. Reasonable costs associated with the IME will be borne by the employer. Should the IME occur during a regularly scheduled work shift, no wages will be deducted as the result. Should the IME occur outside working hours, the employee will receive Schedule “A” rates for the time in the examination. For any out of town appointment, mileage will be paid. Reports resulting from the IME will be provided to the employer, the Union, the employee and the employee’s attending physician. The reports will address general but not detailed diagnosis, restrictions/functional limitations and abilities, and as appropriate prognosis for recovery, as well as any opinion concerning the suitability from a medical perspective of work (including as appropriate alternate duties) the IM examiner is asked to consider, but will not provide information concerning treatment. Information concerning detailed diagnosis and treatment may, however, be provided by the IM examiner to the employee and his/her attending physician. It is noted that the preceding does not derogate from insurer’s (including WSIB’s) rights with respect to obtaining medical information in the processing and administration of claims and that the insurer’s rights are separate and apart from the foregoing.

Independent Medical Examination. The purpose Should a dispute arise between the employee’s physician and the Occupational Health and Claims Management Section as to fitness to resume (or not) their regular or other work, the employee shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC for an independent medical examination (IME), and the consultant’s opinion of IMEthe employee’s is to assist those involved physical or men- tal condition shall be considered in the return decision finally made as to the employee’s fitness to resume their regular or other work. In lodging an appeal from the Occupational Health and Claims Management’s original decision, the Union shall guarantee the payment of the consultant’s fee. Should the original decision of the Occupational Health and Claims Management Section be revised, the TTC shall pay the consultant’s fee. Should the Occupational Health and Claims Management’s original decision be sustained, the consultant’s fee shall be paid by the Union. In all disputes respecting fitness for work process with necessary information(or not) on medical grounds, and/or to assist the Long Term Medical Placement Committee in its functions. Where independent medical assessment must be utilized before proceeding to arbitration. The letter of referral to the independent medical con- sultant shall be signed by a representative of Management and a rep- resentative of the Union and shall contain information is deemed necessary provided by the employeremployee’s own Physician as well as any other pertinent information. It shall also direct the independent medical consultant to send to both the Occupational Health and Claims Management Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the independent medical consultant’s decision remain in dispute concerning the employee’s fitness for duties, no medical evidence con- cerning the employer will first discuss employee’s diagnosis or prognosis other than that provided to the necessity via the respective joint committee (either the independent medical consultant shall be introduced at any arbi- tration hearing. Employees Notification of Return to Work Union Representative or the members of the Long Term Medical Placement Committee, as the case may be). Should the Parties both agree with the necessity of the IME, the employee will then be advised. The employer will obtain two names of an appropriate Specialist in the related medical discipline; one of which the Union can select. If the Union does not agree with the requirement for an IME, the matter will be immediately referred to arbitration to decide whether the IME is warranted; such arbitral decision is not subject to further appeal or grievance by the employee. Should the Employer and Union agree through the respective committee that an IME is required, and the employee disagrees, he or she will be invited to meet with the committee to discuss the question. After this meeting, should the employer and Union agree that an IME is required, the employee Employees will be required to cooperatenotify their direct Supervisor of their intention of returning to work the day before actually returning to work. Should the Union disagree Failure to comply with the necessity, the matter will be immediately referred to arbitration. Reasonable costs associated with the IME will be borne by the employer. Should the IME occur during a regularly scheduled work shift, no wages will be deducted as the result. Should the IME occur outside working hours, above could result in the employee will receive Schedule “A” rates for the time in the examination. For any out of town appointment, mileage will be paid. Reports resulting from the IME will be provided to the employer, the Union, the employee and the employee’s attending physician. The reports will address general but not detailed diagnosis, restrictions/functional limitations and abilities, and as appropriate prognosis for recovery, as well as any opinion concerning the suitability from a medical perspective of work (including as appropriate alternate being assigned other duties) the IM examiner is asked to consider, but will not provide information concerning treatment. Information concerning detailed diagnosis and treatment may, however, be provided by the IM examiner to the employee and his/her attending physician. It is noted understood that no employee will be sent home on account of inabil- ity or failure to notify the preceding does not derogate from insurer’s (including WSIB’s) rights with respect to obtaining medical information in the processing and administration of claims and that the insurer’s rights are separate and apart from the foregoingdirect Supervisor.

Independent Medical Examination. The purpose of IME’s is to assist those involved in the return to work process with necessary information, and/or to assist the Long Term Medical Placement Committee in its functionsfunctions . Where independent medical information is deemed necessary by the employer, the employer will first discuss the necessity via the respective joint committee (either the Return to Work Union Representative or the members of the Long Term Medical Placement Committee, as the case may be)) . Should the Parties both agree with the necessity of the IME, the employee will then be advisedadvised . The employer will obtain two names of an appropriate Specialist in the related medical discipline; one of which the Union can selectselect . If the Union does not agree with the requirement for an IME, the matter will be immediately referred to arbitration to decide whether the IME is warranted; such arbitral decision is not subject to further appeal or grievance by the employeeemployee . Should the Employer and Union agree through the respective committee that an IME is required, and the employee disagrees, he or she will be invited to meet with the committee to discuss the questionquestion . After this meeting, should the employer and Union agree that an IME is required, the employee will be required to cooperatecooperate . Should the Union disagree with the necessity, the matter will be immediately referred to arbitrationarbitration . Reasonable costs associated with the IME will be borne by the employeremployer . Should the IME occur during a regularly scheduled work shift, no wages will be deducted as the resultresult . Should the IME occur outside working hours, the employee will receive Schedule “A” rates for the time in the examinationexamination . For any out of town appointment, mileage will be paidpaid . Reports resulting from the IME will be provided to the employer, the Union, the employee and the employee’s attending physicianphysician . The reports will address general but not detailed diagnosis, restrictions/functional limitations and abilities, and as appropriate prognosis for recovery, as well as any opinion concerning the suitability from a medical perspective of work (including as appropriate alternate duties) the IM examiner is asked to consider, but will not provide information concerning treatmenttreatment . Information concerning detailed diagnosis and treatment may, however, be provided by the IM examiner to the employee and his/her attending physicianphysician . It is noted that the preceding does not derogate from insurer’s (including WSIB’s) rights with respect to obtaining medical information in the processing and administration of claims and that the insurer’s rights are separate and apart from the foregoingforegoing .

Independent Medical Examination. The purpose Should a dispute arise between the employees’ physician and the Oc- cupational Health and Claims Management Section as to fitness to resume (or not) their regular or other work, the employees shall be referred to an independent medical consultant mutually agreed upon by the Union and the TTC for an independent medical examination (IME), and the consultant’s opinion of IMEthe employee’s is to assist those involved physical or mental condition shall be considered in the return decision finally made as to work process with necessary information, and/or fitness to assist resume the Long Term Medical Placement Committee in its functionsemployee’s regular or other work. Where independent medical information is deemed necessary by the employerIn lodg- ing an appeal from Occupational Health and Claims Management’s original decision, the employer will first discuss employee shall guarantee the necessity via the respective joint committee (either the Return to Work Union Representative or the members payment of the Long Term Medical Placement Committee, as the case may be)consultant’s fee. Should the Parties both agree with the necessity original decision of the IMEOccupational Health and Claims Management be revised, the employee will then TTC shall pay the consult- ant’s fee. Should Occupational Health and Claims Management’s ori- ginal decision be advised. The employer will obtain two names of an appropriate Specialist in the related medical discipline; one of which the Union can select. If the Union does not agree with the requirement for an IMEsustained, the matter will consultant’s fee shall be immediately referred to arbitration to decide whether the IME is warranted; such arbitral decision is not subject to further appeal or grievance paid by the employee. In all disputes respecting fitness for work (or not) on medical grounds, the independent medical assessment must be utilized before proceed- ing to arbitration. The letter of referral to the independent medical consultant shall be signed by a representative of Management and a representative of the Union and shall contain information provided by the employee’s own Physician as well as any other pertinent informa- tion. It shall also direct the independent medical consultant to send to both the Occupational Health and Claims Management Section and the Union any report or correspondence concerning the employee or any matter arising out of the referral. The employee shall be required to sign a letter authorizing the foregoing. Should the Employer and Union agree through independent medical consultant’s decision remain in dis- pute concerning the respective committee employee’s fitness for duties, no medical evi- dence concerning the employee’s diagnosis or prognosis other than that an IME is required, and provided to the employee disagrees, he or she will independent medical consultant shall be invited intro- duced at any arbitration hearing. Employees Notification of Return to meet with the committee to discuss the question. After this meeting, should the employer and Union agree that an IME is required, the employee Work Employees will be required to cooperatenotify their direct Supervisor of their intention of returning to work the day before actually returning to work. Should the Union disagree Failure to comply with the necessity, the matter will be immediately referred to arbitration. Reasonable costs associated with the IME will be borne by the employer. Should the IME occur during a regularly scheduled work shift, no wages will be deducted as the result. Should the IME occur outside working hours, above could result in the employee will receive Schedule “A” rates for the time in the examination. For any out of town appointment, mileage will be paid. Reports resulting from the IME will be provided to the employer, the Union, the employee and the employee’s attending physician. The reports will address general but not detailed diagnosis, restrictions/functional limitations and abilities, and as appropriate prognosis for recovery, as well as any opinion concerning the suitability from a medical perspective of work (including as appropriate alternate being assigned other duties) the IM examiner is asked to consider, but will not provide information concerning treatment. Information concerning detailed diagnosis and treatment may, however, be provided by the IM examiner to the employee and his/her attending physician. It is noted understood that no employee will be sent home on account of in- ability or failure to notify the preceding does not derogate from insurer’s (including WSIB’s) rights with respect to obtaining medical information in the processing and administration of claims and that the insurer’s rights are separate and apart from the foregoingdirect Supervisor.