The Law on Disability Issues in the Workplace

The Law on Disability Issues in the Workplace

Out of Print

General Editor: Peter Israel

Complex challenges can arise when handling disability issues in the workplace. Using this guide, lawyers and HR professionals will be able to explore and tackle those challenges. The Law on Disability Issues in the Workplace offers a practical and concise approach that considers all aspects of disability claims, shaped by the experiences and knowledge of experts in the field of employment law.

This text is divided into two parts. Part One describes advancing and defending claims for a disability benefit. This includes topics such as evidentiary issues, onus of proof, and the insurer’s duty of good faith. Part Two details the common law and human rights concerns at play with a disability issue. This includes available remedies for successful disability claims, employee privacy matters, and the application of privileges to disability actions.

By analyzing these claims alongside the policies and legislation that impact them, this guide serves as a complete resource to anyone seeking guidance or commentary on cases involving a disability issue.

This text is Volume 3 in Emond’s Employment Law Series.

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ISBN
978-1-77255-117-4
Page Count
424
Publisher
Emond Publishing
Publication Date
March 2017
Status
Out of Print
Subjects
Employment Law Series; Employment, Labour, and Human Resources Law
Tags
Practice Human Resources

  • Tests of eligibility
  • Breach of policy terms
  • Limitation issues and the impact of recent amendments
  • Role of the employer as the agent of the insurer
  • Liability of the employer in the negligent administration of the policy

Part 1: Claims for Disability Benefits
Chapter 1: Making the Claim for Disability Benefits
Chapter 2: Defending the Claim
Chapter 3: Evidentiary Issues
Chapter 4: Onus of Proof
Chapter 5: Notice and Limitation Periods
Chapter 6: Particular Issues
Chapter 7: Insurer’s Duty of Good Faith

Part 2: Common Law and Human Rights Issues
Chapter 8: Impact of a Medical Disability on Common Law Notice
Chapter 9: Policies and Legislation Contra Human Rights Disability Protections for Employees
Chapter 10: Employment Remedies for Disability Claims
Chapter 11: “Employer’s” Damage Claim for Loss of a Disabled Employee
Chapter 12: Practical Issues
Chapter 13: Medical Records, Medical Reports and Privacy Issues
Chapter 14: Application of Privileges to Disability Actions

Appendix A: The Physician’s Guide to the Disability Issues
Appendix B: GAF Scores

icon Detailed table of contents + excerpts from chapters 10 and 14

“The authors of The Law on Disability Issues in the Workplace are successful in making a complicated and evolving topic easier to understand. This is done not only through their clear and approachable writing style, but also through their use of lists, headings, a table of cases, and an index. The book’s design also adds to its readability: the soft cover means that it can lay flat easily, and its smart use of colour helps distinguish the various parts of the book. It is recommended for labour and employment lawyers and human resources professionals, and it would also be a valuable resource for libraries supporting these practitioners.”

Read the full review here.

— Alexia Loumankis, Acting Manager, Ministry of the Attorney General Law Library, Toronto
Excerpt from Canadian Law Library Review, (2018) Vol. 43 No. 1,
Canadian Association of Law Libraries.

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