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AUDIO CONFERENCE
Investigating Disability Claims
and Sick Leave Abuse
- MODERATORS -
 
Noella Martin

Employer Counsel
Wickwire Holm
  
Enlarge
Tim Gleason

Union Counsel
Sack Goldblatt Mitchell

- EXPERTS -
  
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Sean McGee

Union Counsel
Nelligan O'Brien Payne
  
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Marli Rusen

Employer Counsel
Heenan Blaikie
 

THE ISSUES:

Some of the questions addressed:

  • What tools are legally available to the employer to investi-gate disability claims and possible sick leave abuse?

  • When and how should surveillance/monitoring be conducted? What are the rules governing the admissibility of such evidence?

  • Moonlighting/paid activity while on sick leave — when is it acceptable?
    " Can an employer order a disabled worker to undergo an independent medical assessment? Can the employee
    refuse? What role does the union play?

  • What principles apply to the definition of "total disability" under insurance policies? What is the difference between the inability to perform one's own occupation vs. inability
    to perform any occupation?

  • When is denial of insurance benefits grievable against the employer? Can an insurer be brought into the arbitration process?

  • What conditions on eligibility will pass muster? What won't? When do "industry norms" govern?

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