Canadian Disability Management

Foundation Publication Search Results

These summaries were compiled from Foundation Publications Search, a database of articles, research reports and books published by the International Foundation and the International Society of Certified Employee Benefit Specialists.


What's Working: Better Benefits for Better Mental Health.
Hartman, Robbie; Plans & Trusts; v35 no5 pp 4-5 Sep-Oct 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Up to 20% of Canadians will experience a mental illness during their lives, but nearly half of people who have suffered from depression of anxiety have not sought treatment because of the fear of discrimination or the stigma associated with mental illness, or because of the cost of treatment. Manulife discovered its workers wanted more support for mental health and increased its mental health benefits.
[0200708]

Link To Full Article
Taking Control of Employee Absence--Best Practices in Absence Management.
Meilleur, Amelie; Plans & Trusts; v35 no3 pp 16-20 May-Jun 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : By utilizing a clearly defined attendance policy, effective communication and management training, organizations can implement return-to-work strategies that benefit employees and the company's bottom line.
[0200580]

Link To Full Article
Pharmacogenetic Testing May Improve Drug Treatments and Shorten Disability Leaves.
Lefaivre, Antoine; Litinski, Veronika; Vandenhurk, Maria; Benefits Quarterly; v33 no1 pp 43-49 1st Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : This article describes how methods of personalized medicine—specifically, pharmacogenetic (PGx) testing—can benefit private health plans, benefits managers, care providers and consumers alike. The authors cover pharmacogenomics as a science and also introduce an innovative way to optimize drug treatments. The article touches on some important clinical outcomes drawn from a study in community pharmacy and reviews the application and return on investment of PGx testing in disability and medication management.
[0200476]

Link To Full Article
Return-to-Work Strategies for Employers With Mental Health Conditions.
Pomaki, Georgia; Benefits Quarterly; v33 no1 pp 50-55 1st Qtr 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : There's no question that employers can no longer ignore mental health issues. Compassion and support for employees aside, it is simply good business to protect the mental health and productivity of employees. This article describes existing challenges surrounding employees with mental disorders: the link between mental disorders, disability and an employee’s ability to return to work; best practices for employers, employees and health care providers and the role of the insurance company. Together, using proven strategies, everyone contributes to the optimal solution of helping employees with mental disorders return to work.
[0200477]

Link To Full Article
Calculation of Survivor Benefits Does Not Include CPP Disability Benefits.
Heath-Rawlings, Jesse; Plans & Trusts; v35 no1 pp 29-31 Jan-Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Saskatchewan Court of Appeal ruled that the appellant, whose husband was fatally injured in a motor vehicle accident, could not include her husband's Canada Pension Plan (CPP) disability benefits as employment income for the purposes of calculating survivor benefits under the Automobile Accident Insurance Act.
[0200441]

Link To Full Article
Mental Health and Substance Abuse Benefits Gaining Traction.
Held, Justin; Plans & Trusts; v35 no1 pp 26-27 Jan-Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Employers have taken an approach to wellness that goes beyond the physical health of plan participants to include mental health and substance abuse initiatives--issues that long have held the attention of government agencies and health insurance providers.
[0200440]

Link To Full Article
Quick Look: Mental Health and Substance Abuse Benefits.
Plans & Trusts; v35 no1 p 7 Jan-Feb 2017; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Most organizations believe employee mental health and substance abuse issues have an impact--on the overall physical health of their workforce, productivity, morale, relationships with coworkers and worker safety. The vast majority of plan sponsors that responded to the International Foundation's "Mental Health and Substance Abuse Benefits: 2016 Survey Results" offer benefits that attempt to address these issues. The Foundation received 97 responses from Canadian organizations representing multi-employer, public employee and corporate benefit plan sponsors.
[0200436]

Link To Full Article
LTD Class Action Issues Narrowed by Court of Appeal.
Godkewitsch, Clio M.; Plans & Trusts; v34 no6 pp 27, 29 Nov-Dec 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The British Columbia Court of Appeal has narrowed the scope of issues to be decided at trial in a class action brought by disabled members of the Health Sciences Association (HSA) of British Columbia over the reduction and termination of long-term disability (LTD) benefits.
[0200356]

Link To Full Article
Can Employers Limit or Terminate Benefits When Employees Reach 65?
Murphy, Padraigin; Plans & Trusts; v34 no5 pp 25-26, 28 Sep-Oct 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Ontario Human Rights Code (HRC) permits employers to discriminate on the basis of age in the provision of employee benefit plans.
[0200299]

Link To Full Article
Wage Loss Replacement Plan Payments Were Insurable Earnings.
Heath-Rawlings, Jesse; Plans & Trusts; v34 no4 pp 27-28 Jul-Aug 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In Ilijoic v. Minister of National Revenue, the Tax Court of Canada considered whether payments received by the employee during the 2013 taxation year under a wage loss replacement plan were insurable earnings under the Employment Insurance Act.
[0200232]

Link To Full Article
Court Reduces Damages Award for Insurer's Misconduct.
Tang, Amy; Plans & Trusts; v34 no3 pp 32-33 May-Jun 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Nova Scotia Court of Appeal upheld a lower court's ruling that an insurer had breached the terms of its policy and duty of good faith but reduced the damages awarded to the plaintiff.
[0200172]

Link To Full Article
LTD Payments Deducted From Wage Loss Related to Personal Injury.
Godkewitsch, Clio M.; Plans & Trusts; v34 no3 pp 31, 37 May-Jun 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The deductibility of employee benefits payments from court-ordered damage awards has been an important and divisive subject in the legal community. In a 2015 decision from Ontario, the court held that a plaintiff's long-term disability (LTD) benefits must be deducted from an award for income loss.
[0200171]

Link To Full Article
B.C. Supreme Court Certifies Class Action Over Reduction in LTD Benefits.
Tang, Amy; Plans & Trusts; v34 no1 pp 25-26 Jan-Feb 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : A class action brought by disabled members of the Health Sciences Association of British Columbia (HSA) over the reduction and termination of long-term disability (LTD) benefits has been certified by Justice Robert Punnett of the British Columbia Supreme Court.
[0200034]

Link To Full Article
Termination of LTD Benefits at the Age of 65 Not Discriminatory.
Godkewitsch, Clio M.; Plans & Trusts; v34 no1 pp 28-29 Jan-Feb 2016; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The British Columbia Human Rights Tribunal has dismissed the complaint of a city of Vancouver employee who claimed that the city's termination of long-term disability (LTD) benefits at the age of 65 was discriminatory and contrary to British Columbia's Human Rights Code.
[0200036]

Link To Full Article
The More Things Change: Benchmarking Collectively Bargained Private Sector Benefits.
St. Jacques, Riley; Petruniak, Jane; Plans & Trusts; v33 no3 pp 14-19 May-Jun 2015; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : A PBI Actuarial Consultants survey of 41 Canadian public and private sector multiemployer plans reveals commonalities and differences useful for benchmarking. Plan designs have changed little since the 1980s, but accelerating technological change challenges the status quo. The PBI survey found most private sector multiemployer plans offered long-term disability to age 65, though some limit benefits to five years. All provide some vision and hearing benefits, though benefit levels are falling, while corporate plans tend toward choice through flexible health spending accounts. Only one in 20 private multiemployer plans have prescription drug dispensing fee limits, in contrast to the majority of corporate and public sector plans. Virtually all private multiemployer plans cover massage, a benefit for about half the other plans. No private sector multiemployer plan surveyed offered a health and wellness spending account, but nearly half of public sector plans did.
[0166867]

Link To Full Article
Removing Barriers: Disability Management and the Employer's Duty to Accommodate.
Scott, Liz R.; Plans & Trusts; v32 no4 4 pp Sep-Oct 2014; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : About one-third of human rights employment complaints in Canada are disability-related. Plans are responsible for having a disability management process to protect against real or perceived instances of unfair discrimination. The process must be inclusive and fair and inlcude reasonable steps to accommodate any person who has, or sustains, a disability during the course of work. The law requires accommodation up to the point of an undue hardship and holds businesses, unions and individuals accountable. Undue hardship is broadly interpreted, but usually takes into account health, safety and cost. Many cases have clarified a union's duty to accommodate. Plans should document all stages when considering and acting on an employee's request for accommodation.
[0166253]

Link To Full Article
Supporting Employee Success When Mental Health Is a Factor.
Baynton, Mary Ann; Plans & Trusts; v32 no5 pp 6-11 Sep-Oct 2014; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : According to the Mental Health Commission of Canada, as many as 500,000 Canadians will not go to work in any given week because of mental illness. The unseen nature of mental healing may mean that employers do not know how to accommodate a worker returning from a mental health issue. Support should begin as soon as an employee takes mental health leave, with employers making regular contact with the employee. Employees' issues often can be addressed by reducing or eliminating one or two key stressors in the workplace. Increasing an employee's involvement in the most comfortable elements of the job can also help. A group of top Canadian occupational health and safety professionals have created Supporting Employee Success, a free online tool to help managers create back-to-work programs for employees with mental health issues.
[0165885]

Link To Full Article
Pension Benefits Are Not Deductible From LTD Payments.
Plans & Trusts; v32 no2 pp 30-31 Mar-Apr 2014; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Ontario Supreme Court of Justice ruled in Timmins and District Hospital v. Ontario Nurses' Association that the employer plaintiff may not reduce long-term disability (LTD) benefit payments to offset hypothetical retirement disability payments. The Nurses' Association filed a grievance on behalf of a member receiving LTD payments under a plan which would deduct other available benefit amounts, including disability pension payments. The member faced the choice to remain employed but delay pension benefits or end employment and start a disability pension with no further pension benefit accrual or health benefits. The court upheld an arbitrator's decision that the disability pension was not available to be deducted as Canada Pension Plan or workers compensation benefits might be, since it would force the member to lose significant health benefits which she required.
[0165082]

Link To Full Article
Plan Amendment Does Not Apply to Disabled Employees Who Retire.
Heath-Rawlings, Jesse; Plans & Trusts; v31 no4 pp 16-17 Jul-Aug 2013; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The situation of an employee who retired at age 52 and applied for an ill health disability pension was the focus of Nova Scotia Power Inc. v. IBEW Local 1928. Following changes in benefit calculations for retirement before age 55 presumably agreed to in 2004, the employer calculated the employee's pension benefit as early retirement without considering his retiring due to disability. The history of the 2004 negotiations over reduced early retirement benefits became central, and the arbitrator concluded the amendment under negotiation was never agreed to during collective bargaining. The arbitrator ruled the proposed amendment of 2004 focused narrowly on retirement and termination and was never ratified as it might pertain to ill health disability pensions. All those retiring on disability pension after the amendment were entitled to unreduced benefits with a bridging benefit.
[0164090]

Link To Full Article
Reinstatement, Compensation Ordered Against Employer for Failure to Accommodate Disability.
Giroux, Mireille; Plans & Trusts; v31 no4 pp 11-13 Jul-Aug 2013; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Human Rights Tribunal of Ontario ruled for the plaintiff in the case of Fair v. Hamilton-Wentworth District School Board, finding the defendant failed to accommodate the plaintiff's disability. After seven years overseeing asbestos removal, the plaintiff developed a generalized anxiety disorder. She received long-term disability benefits but was terminated after two years though she was found capable of performing other jobs. The Tribunal found the employer failed to actively look for other suitable positions in the organization and ruled the plaintiff should be reinstated and compensated for all losses. Remedies extended to Canada Pension Plan contributions, health costs, taxes and compensation for injury to dignity and self respect. The case highlights the employer's duty to fully accommodate an employee's disability and actively search for alternative jobs.
[0164087]

Link To Full Article
Court Finds Plaintiff Capable of "Gainful Employment," Ineligible for Long-Term Disability Benefits.
Guindon, Anthony; Plans & Trusts; v31 no2 pp 16, 18 Mar-Apr 2013; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In Bain v. The Great-West Life Assurance Company, the Supreme Court of British Columbia found the plaintiff ineligible for long-term disability benefits. Some of the medical professionals the plaintiff saw after the termination of his short term disability benefits suggested alternative forms of employment. The court found that since the plaintiff had not looked for work it could not conclude that he was disabled merely because he could not find work. Under the terms of the disability plan in question, the court concluded he was not disabled.
[0163636]

Link To Full Article
Long-Time Nonunion Longshoreman Not Eligible for Union Benefits.
Biliski, Mike; Plans & Trusts; v31 no1 pp 11-12, 14 Jan-Feb 2013; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In the case of Downey v. Halifax Port International Longshoremen's Association, the plaintiff asserted his accrued service time qualified him for disability pension benefits. In his first years as a union longshoreman he fell short of the required hours. Shortly thereafter he suffered a permanent and total disability for which he received workers compensation. He received statements for the next two years crediting him with workers compensation hours and for another seven years with no credits, until the plan administrator determined he had never met the hour requirements for plan membership. The Nova Scotia Court of Appeal discounted nonunion work and ruled the workers comp time was not creditable for eligibility, according to formal plan documents, regardless of a plan booklet and statements sent by the administrator and payment of dues.
[0163252]

Link To Full Article
Insurer Relies on Release in Employment Settlement Agreement.
Plans & Trusts; v30 no6 pp 16-17 Nov-Dec 2012; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The doctrine of privity of contract was at the heart of Zelsman v. Meridian Credit Union, in which the plaintiff sought long-term disability benefits through a group Great-West Life insurance policy after her termination from employment. After her termination in the context of discrimination and retaliation charges, she, her employer and her supervisor agreed to a settlement, releasing the employer and Great-West from any claims. Before this settlement, the plaintiff filed a claim with Great-West for a prior injury, which Great-West paid, unaware of the settlement and waiver. Great-West then attempted to reverse the payments. The plaintiff sought recognition of the separate actions, since Great-West was not a party to the settlement agreement and she had not intended to release any claims against the company. The Ontario Superior Court found clear intent in the settlement language to release Great-West from outstanding claims and noted strong public policy reasons for the privity principle not to apply.
[0162946]

Link To Full Article
Strategies for a Successful Return to Work.
Kelly, Adam; Plans & Trusts; v30 no6 pp 8-12 Nov-Dec 2012; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : A return-to-work program that focuses on employee abilities rather than adjudicating claims can help speed recovery, lessen chances of long-term disability and enhance the worker's ongoing motivation and engagement. Key factors in creating a supporting program include addressing both medical and nonmedical factors that present barriers to productive work and using a strong disability management program with active oversight by a case manager. Communication should reflect concern for employee health first and foremost, demonstrating a supportive approach to employee absence without prying into details. Supervisors play a critical role and must understand their responsibilities in disability management. Reference materials, training and coaching can provide managers with the knowledge they need to effectively support an employee's return to work.
[0162948]

Link To Full Article
Age Discrimination Claim Is Rejected.
Aubin, Phil; Plans & Trusts; v30 no5 p 13 Sep-Oct 2012; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Human Rights Tribunal of Ontario rejected an applicant's claim of age discrimination related to eligibility for supplementary unemployment benefits (SUB), long-term disability (LTD) and a pension plan. The pension plan allows those age 55 or older to transfer their account and become a pensioner who may then work as a reemployed pensioner. However reemployed pensioners are ineligible to receive SUB or LTD benefits, despite employers having to continue contributions to those plans on their behalf. Since pensioner status is based on attaining age 55, the applicant claimed age discrimination over his ineligibility for SUB or LTD benefits, in violation of the Ontario Human Rights Code. The tribunal found the eligibility change not tied to age but reflecting a choice to become a pensioner. The different treatment for reemployed pensioners is not age discriminatory but tied to retirement status, even though age is tied to retirement.
[0162670]

Link To Full Article