Disability, Work, and the Law in a Workplace

Julio
Julio is 63 and has worked in construction and in warehouse jobs all of his life, primarily in Calgary, Alberta, where he lives. Over the years, he has had a series of work-related back injuries, and he has had several claims accepted for workers’ compensation benefits through different employers.
Julio has recently had lumber spine fusion surgery, and after recovering from the procedure he is feeling better than he has in years. He applies for a position of a fork lift driver in a warehouse. On the job application, the employer, Abco, asks if he has ever made a workers’ compensation claim and whether he has any medical restrictions that would prevent him from doing the job. Julio doesn’t answer either question and leaves them blank.
Julio gets the job. He is asked to sign various forms concerning benefits, including a consent form that states that he consents to “the collection of all necessary personal information in order to administer the employment relationship.” Although he is not certain what this mean, he signs the consent.
One day shortly before the Christmas holidays, Julio’s supervisor, Vic, tells Julio to stop at the nearby Tim Horton’s to pick up some doughnuts for all of the crew on his way back from lunch. In order to get to the Tim Horton’s back to the warehouse, Julio has to walk across an empty parking lot that is covered with black ice. Julio slips on the ice and falls on his back. He feels a sharp pain but does not say anything at the time, as he is embarrassed about his fall. However, in the following days, he feels increasing pain and goes to see his doctor. On hearing about what happened, the doctor advises that he should only work light duties for the next week and writes a note to this effect. As it appears to be a work-related injury, the doctor also completes a WCB form and sends it to the Board as required.
The WCB sends forms to Abco to complete in respect of Julio’s injury. Vic is upset to hear about this claim as he had no knowledge of the injury, and tells Abco’s Human Resources Director, Erika, to dispute the WCB’s acceptance of the claim. She sends Julio’s claim information to an outside disability consultant that Abco hires to handle all WCB appeals. The disability consultant happens to remember Julio’s name from his work with other clients and tells Erika this. He also sends over part of Julio’s WCB file, which he happens to have in his files from three years earlier when Julio had made his last claim. Erika then calls Julio in for a meeting and asks him if he has ever had a previous WCB claim for his back. Scared of losing his job, Julio lies and says that he hasn’t. Erika then sends him a letter advising that Abco will require him to undergo an Independent Medical Examination, including a request for him to provide all of his treating physician’s previous clinical records.
For your first substantive post, address some or all of the following questions:
1. Is it legitimate for an employer to ask a worker if he or she ever had a previous workers’ compensation claim?
2. How have Abco and the disability consultant violated Julio’s privacy?
3. Explain why Julio’s failure to disclose his previous claims does not disentitle him from workers’ compensation for slipping in the icy parking lot. (HINT: he is covered by workers’ compensation because he was directed by his supervisor to get the doughnuts.)
4. Is Abco entitled to access Julio’s previous claims and, if so, under what restrictions?
Additional Resource(s):
https://www(dot)canlii(dot)org/en/bc/bclrb/doc/2002/2002canlii53062/2002canlii53062.html#