Accommodation, medical evidence, return to work and the duty to inquire.
🏠 Home › 📁 Disability Index › [xxx] Employment Disability Insurance: Proving the Claim: Onus of Proof Introduction This section reviews the question of the onus of proof in the claim for disability benefits and also in other related contexts.
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Misuse of Confidential Medical Information] Employment Disability Insurance: Misuse of Confidential Medical Information There are remedies both through the human rights process and civil action for the misuse of medical
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Independent Medical Examination] Employment Disability Insurance: Independent Medical Examination In Ontario the Rules allow for an order for an independent medical under Section 105 of the Courts of Justice Act.
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: The Doctor at Trial] Employment Disability Insurance: The Doctor at Trial The decision to allow the testifying physician, as in the case of any witness, and to admit into evidence
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: The Medical Report] Employment Disability Insurance: The Medical Report As noted below, the treating physician is not required to conform to the rule relating to the expert report. The requirement,
🏠 Home › 📁 Disability Index › [xxx] Employment Disability Insurance: Report of the Treating Physician Assessing the Medical Opinion Certain decisions have expressed the view that there is a preference given to the evidence of the treating physician. Such
Impact of Litigation – an absolute or qualified waiver? Limited Waiver A 1985 Ontario Court of Appeal concluded that once the plaintiff raised the issue of one’s medical condition, they could no longer assert a claim for privacy or confidentiality.
Privacy Legislation In addition to the protections reviewed above, many jurisdictions have passed statutes to the same effect. Ontario’s protective statute, the Personal Health Information Protection Act, 2004 (PHIPA) is typical of legislation which sets out the rights of an
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Patient Records: Confidentiality] Employment Disability Insurance: Patient Records: Confidentiality The Basic Rule of non-disclosure It is an act of professional misconduct to disclose information about a patient, failing consent or
🏠 Home › 📁 Disability Index › [Employment Disability Insurance: Time Limits: Relief from Forfeiture] Employment Disability Insurance: Time Limits: Relief from Forfeiture Insurance Act There is no general statutory relief from forfeiture under the relevant Insurance Act for policies
