He refuses to undergo surgery: the employer must still pay the bill

According to the employer, a joiner could have returned to his regular job 11 months after a knee injury if he had agreed to have a private arthroscopy. He asks the C.L.P. to grant him a transfer of the costs following the consolidation of the injury. The employer’s expert recommended surgery and the BEM prescribed such surgery, but the employee’s orthopaedic surgeon, feeling that surgery would aggravate his condition, consolidated the injury, predicting impairment and limitations. The law does not oblige an employee to undergo surgery and does not allow the employer to impose a surgeon. Even though the employer’s expert felt that surgery would have prevented sequellae, his opinion does not constitute a medical certainty. All of the compensation costs for a period of 2 years must be charged to the employer. Construction Jean-Guy Rheault Inc., 2010 QCCLP 7315 (C.L.P.) Me J. André Tremblay.