Temporary assignment: the doctor’s trust in the employer was not a relevant factor

Release date: May 1st, 2015

The employer challenged the CSST’s rejection of a cost transfer. Having suffered a sprained wrist and ankle, the employee saw a first doctor who authorized a temporary assignment. He saw a second physician two days later alleging that he was being forced to walk. The doctor authorized a work stoppage and turned down every proposed temporary assignment. At the hearing before the CLP, the doctor stated that he did not trust the employer and that he would never have authorized a temporary assignment. According to the CLP, as regards temporary assignments, the doctor’s obligation is to examine the employee and assess his ability to complete the proposed tasks. Instead, this doctor relied on unsubstantiated allegations and systematically turned down assignments for reasons that had nothing to do with the employment injury. The situation was unjust. The cost transfer was granted and all costs removed from the employer’s file.

Sillicium Québec, SEC 2014 QCCLP 6809, Diane Lajoie

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