An accident during a union activity: the CSST pays, but the employer is not charged
Release date: July 1st, 2014
An employer challenged the CSST’s denial of a cost transfer following a work injury sustained by a special education teacher while on her way to a union assembly. Indeed, the latter had had a traffic accident while driving between a union meeting and a union assembly. She was, at that time, paid by the employer as an employee on union leave. The CSST granted her benefits for a whiplash injury, which occurred not while she was at work, but was related to her work. The employer alleged that assigning the costs to his file had the effect of placing an unfair burden on him. The employer’s challenge was accepted and the cost transfer approved. According to the CLP, the circumstances of the accident had nothing to do with the risks associated with the nature of the activities of the employer, a rehabilitation centre. It would be unjust to have the employer bear the costs. All costs related to this accident were therefore removed from his financial file at the CSST.
West Montreal Readaptation Centre 2014 QCCLP 1646 (C.L.P.) Me Sylvie Arcand
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