False statement at time of hiring: a transfer of CSST applied costs is possible

Release date: October 1st, 2008

The employer requests a transfer of costs applied to his financial records. Evidence shows that the job held by the worker at the time of his occupational injury was in violation of previous functional limitations issued during an occupational injury sustained with a previous employer. The C.L.P. ruled that the employer had been unjustly charged the costs applied to his financial records in relation to this accident, since at the time of hiring, the worker had acted in bad faith by not disclosing his medical history, though he knew that the job he was applying for contravened his functional limitations. The hiring process was therefore misleading, as the worker had lied to his employer who, due to this false statement, was totally powerless and had no means of control. Challenger Motor Freight Inc., CLPE 2007LP-215 (C.L.P.) 2007-11-28, Me Doris Lévesque


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