Court considers right to terminate disability benefits for failure to attend Independent Medical Exam
In Nayyar v. Manufacturers Life Insurance Company/La Compagnie D'Assurance Manufactures, 2012 BCSC 28, the BC Supreme Court considered the right of the employer/disability plan administrator/insurer to terminate an employee's disability benefits for failing to attend an Independent Medical Exam ("IME").
Of specific value is this overview of the law on IME's that the court set out:
 Given the continuing nature of a claim under a disability policy, an insurer is entitled to information concerning the insured in order to properly assess the claimant's ongoing entitlement to receive disability benefits: Paul Revere Life Insurance Company v. Patterson, 2002 BCSC 138 (CanLII), 2002 BCSC 138 at para. 12, 99 B.C.L.R. (3d) 189. read more »
"Restructuring Employee Benefits: Options and Restrictions" is the title of a paper written by Lisa Chamzuk, a lawyer at Lawson Lundell in Vancouver.
The paper was prepared for The Continuing Legal Education Society of British Columbia course on Pension & Benefits: Critical Issues and What's Often Overlooked held on May 25, 2011 in Vancouver, BC.
An overview of the paper states: read more »
Can employees over 65 be excluded from benefits?
This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.
The article addresses three arbitration awards: read more »
Harper commits Conservatives to tax break for EI premiums; Ignatieff promises CPP measures from Liberals
Work related issues have been front and centre of the federal election campaign the last two days. Yesterday, Stephen Harper committed the Conservatives to a tax break for Employment Insurance premiums. Today, Michael Ignatieff promised three different measures by the Liberals to improve the Canada Pension Plan.