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 the LATMP.
Indeed, the interpretation of this section allowed the worker to keep their energy during the 5th day to perform leisure activities and rewarding social activities, which were considered part of their individualized rehabilitation plan.
Very positive decision for workers!