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Requested Medical Information Needed to Accommodate Injured Worker

A town asked for additional medical information to determine whether an injured firefighter was fit to return to modified duties. The union argued that the town’s request violated the collective agreement, which limited the scope of the medical information to that contained in an approved form. The arbitrator didn’t buy that argument. In addition to the form, the collective agreement allowed the town to require a doctor’s report at “any time.” And the town needed the additional medical information to provide appropriate modified work for the injured worker [Oakville (Town) v. Oakville Professional Firefighters’ Association, Local 1582, [2012] CanLII 12849 (ON LA), March 12, 2012].