Caution on Illinois Employers’ Reliance on Independent Medical Exams


The June 17, 2009 Illinois Appellate Court (First District) decision in Grabs v. Safeway, Inc. limits an employer’s right to rely on independent medical exams (IMEs) in requiring workers with work-related injuries to return to work. An employer may commit the tort of retaliatory discharge by terminating a worker who remains off work on the advice of a personal physician, despite an IME releasing him or her to return to work.

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