DID YOU KNOW THAT…

By Sophie Mongeon You are a victim of a work accident or a car accident, do you have to report the event to your group insurance? The answer is yes! You must report the event. Why? First of all, since you are disabled, you may be exempt from paying premiums for certain aspects of your…

DID YOU KNOW THAT A NEW JUDGMENT HAS JUST BEEN MADE BY THE SUPERIOR COURT, TRIBUNAL ADMINISTRATIF DU QUÉBEC (2019 QCCS 1228)

By Sophie Mongeon These were parents suing the Auto Insurance Company, saying they had been at the scene of the accident and had to identify their child at the mortuary, which made them victims under the Vehicle Insurance Act. The TAQ rejected their request and clarified that section 6 of the Act (the Automobile Insurance…

DID YOU KNOW THAT THE SUPERIOR COURT HAS JUST PRONOUCED A DECISION : DION v. ADMINISTRATIVE COURT (2019 QCCS 1027) where it granted an application for judicial review, given that the Administrative Labour Court had refused a complaint of provocation at the psychological level, based on the fact that a claim for physical relapse was denied?

By Sophie Mongeon These are two separate injuries that deserve separate assessment. It is not enough to simply claim that there are other possible causes than the after-effects or consequences of the accident at work to put an end to the causal connection. Therefore, the non-causality for a physical part of the claim is not…

DID YOU KNOW THAT THE CNESST HAS AN OBLIGATION TO REIMBURSE TREATMENTS, ACCORDING TO THE ARTICLE 189 OF THE LATMP, EVEN IF THIS TREATMENT IS NOT RECOGNIZED BY THE RAMQ?

In the decision Nguyen and Federal Express Canada, the CNESST was constrained to reimburse platelet-rich plasma injections. The RAMQ refuses to recognize this treatment because the RAMQ does not acknowledge its therapeutic potential. The administrative judge concluded that the CNESST cannot discharge itself on the basis of a treatment not covered by the RAMQ and concluded…

DID YOU KNOW THAT IF YOU ARE A VICTIM OF A WORK ACCIDENT AND AS A RESULT OF USING TECHNICAL ASSISTANCE, YOU SUFFER FROM OTHER PROBLEMS, YOU COULD BE COMPENSATED?

In the case Langlais vs. Sintra Inc., the worker had suffered an employment injury to his right knee. Unfortunately, he had to walk with a cane because of the instability and fragility of his knee. He therefore developed osteoarthritis in his right wrist, which was quite severe. He filed a claim with the CNESST, which…

DID YOU KNOW THAT THE TRIBUNAL ADMINISTRATIF DU TRAVAIL JUST RENDERED A GOOD DECISION CONCERNING WORK CAPACITY IN DECEMBER 2018?

Normally, the CNESST determines a full-time work capacity, exceptionally a part-time capacity, or employability. In the decision L’Heureux et Commission scolaire de Montréal, a teacher was entitled to receive, following the acceptance of diagnosis of fibromyalgia, an income replacement indemnity for the 5th day they were not able to work, according to the section 61 of…