Telework: she falls while going to have dinner in her backyard

A customer service agent challenges the rejection of her claim for a lumbar sprain and a fractured ankle. She was performing her teleworking duties from an office set up in the basement of her home, connected to the employer's network. Her work schedule was fixed. She injured herself on the stairs leading to her backyard during her lunch break. According to the Court, the accident was of a personal nature. It did not occur quickly at the end of the employee's morning work session or in the staircase adjacent to her office. She fell after eating her meal outside, as she was returning to her backyard to enjoy the end of her break. The employee was neither paid nor available. She fell while trying to catch her personal phone, which slipped out of her hand. There is no sufficient connection with the work. The claim is rejected.

Allard et Promutuel Horizon Ouest
2023 QCTAT 1027 (SST), j.a. Gaétan Guérard