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ARTICLE · 20 MAY 2009

An Employer´s Duty To Accommodate Following A Work Accident

Borden Ladner Gervais LLP
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Under "the Act Respecting Industrial Accidents and Occupational Diseases" (the “Act”) the Occupational Health and Safety Commission ("CSST") has broad powers in all matters relating to work accidents and their aftermath.

CanadaEmployment and HR
Thomas Davis
Thomas Davis
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Under the Act Respecting Industrial Accidents and Occupational Diseases1 (the "Act") the Occupational Health and Safety Commission ("CSST") has broad powers in all matters relating to work accidents and their aftermath. In the recent decision of Société des établissements de plein-air du Québec ("Sépaq") vs. Québec Union Public Employees and Francine Beaulieu,2 the Quebec Court of Appeal reviewed an arbitration decision considering issues of reinstatement and accommodation following an absence due to a work accident.

The employee was a seasonal worker employed by Sépaq, a Quebec Government corporation which runs Québec's parks and certain tourist attractions. After he suffered a work accident and was absent from work, the CSST determined that he had a permanent disability, with functional limitations rendering him unable to return to any employment with Sépaq. The CSST did find him capable of doing certain light work, but no jobs for which he was qualified were

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