Friday, September 11, 2009
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, September 14, 3:30 p.m. – 5:00 p.m. EDT

Michael Lynk

Arbitrator/Mediator

Mary Mackinnon

Union Counsel
Raven, Cameron, Ballantyne & Yazbeck

Walter Rilkoff

Employer Counsel
Lawson Lundell

ISSUES:

Medical evidence is essential to the determination of appropriate accommodation measures, the validation of long-term and short-term disability claims, and the establishment of entitlement to sick leave. What are the limits to access and disclosure of medical information? In this audio conference, a team of expert practitioners will provide you with a roadmap of do's and don'ts when handling medical information. Topics discussed include:

• Entitlement to medical information: When is management entitled to access an employee's medical records? When can a worker's treatment information be accessed by the employer? Are the employee and union entitled to information in the possession of the employer, its physician or staff?
• Assessing accommodation: How much information is necessary to assess accommodation options? Is the employer required to make inquiries regarding the medical condition of an employee seeking accommodation? Does an employee's failure to provide the requested information cancel the duty to accommodate?
• Duty to inquire/inform: What medical information must an employee provide? Proof of illness or fitness to return to work? Evidence of functional disabilities and restrictions? Full diagnosis or general nature of illness? Prognosis and treatment? When can an employee refuse to provide information without facing discipline?
• Adequacy of information: What actions may an employer take when it is of the view that a medical certificate is inadequate? Can a second opinion be requested? In what circumstances can employees be required to submit to medical or psychological assessments? When can employers seek information from employees' doctors or the workers' compensation board?
• Grievance and arbitration: What medical information can the employer access during the grievance/arbitration process? When can requests for detailed medical information be considered an invasion of privacy? When will arbitrators order disclosure of employee medical records? Can restrictions on disclosure be imposed by arbitrators?
• Legislation and policy: What do federal and provincial privacy laws say about access to medical information? Can the employer require that a worker returning from an illness provide consent for the employer's physician to speak with the employee's doctor?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.