A British Columbia arbitrator has upheld the termination of a worker for being dishonest about his claims of disability and a work-related injury.
“Many employers are cynical about what a medical professional will write in a medical note, as there are examples of people being dishonest about things like limitations and disabilities,” says Mike Hamata, a labour and employment lawyer at Roper Greyell in Vancouver.
“It’s important for employers to look at evidence of medical limitations objectively and see if it passes the credibility test and, if it doesn’t, gradually escalate the requests for medical information until the employer is satisfied that it’s getting clear, current, and credible information.”
