"I'm perfectly OK doctor!: it is not up to the worker to decide whether or not he still experiences after-effects

Release date: June 9, 2009

A mechanic challenges a decision by the CSST based on the conclusion that he is able to resume employment. After signing a final report indicating that the worker was suffering permanent after-effects, his doctor referred him to a medical evaluator. The latter asked the worker if he really wanted to maintain the existence of these after-effects, as this would limit his job-search options. The worker responded negatively, as he was anxious to return to work. According the C.L.P., the fact that the medical evaluator asked the worker whether or not he was certain he wanted to maintain the existence of after-effects constitutes a distortion of his professional role. His evaluation must therefore be discarded. The C.L.P. concluded that the worker continues to suffer permanent after-effects, and that he is unable to resume the job he had prior to his injury. F. Gauthier v. Atelier réparation Fabien Pelletier, 2008 QCCLP 3394 (C.L.P.) Me Hélène Marchand (Sept., # 12)


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