The worker will be under a duty to cooperate with the Board, and will be required to take the steps provided in the plan for enabling the return to the labour market. 42 Failure by the worker to cooperate may result in reduction or suspension of benefits. Employers who modify the workplace so that an injured worker or surviving spouse can re-enter the labour force may be eligible for financial assistance from the Board. As part of the effort to get injured workers back to work, the new Act contains provisions concerning health care and health reports. When applying for benefits, an injured worker will now be required to consent to the disclosure to the employer of health records concerning the worker's functional abilities.
Disclosure is for the sole purpose of facilitating the worker's return to work.
Failure to consent to disclosure may result in the denial of benefits. Failure to comply with this obligation may lead to the reduction or suspension of benefits for the period of non-compliance. Further, such workers will be obliged to submit to health examinations by health professionals selected by the Board or the employer. In cases where the request for examination comes from the employer, the worker may object, and the employer will have 14 days to request that the Board direct the worker to submit to the examination. Under the current legislation, health care professionals may be required to furnish the Board with reports on workers claiming benefits.