The Interplay Between Workers' Compensation And The Duty To Accommodate

In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability. Until recently, however, the interplay between the duty to accommodate and the obligations of employers under Workers' Compensation legislation has left various boards unsure if the duty to accommodate extends beyond the employer's legislated obligations regarding an injured worker returning to work.

The Supreme Court of Canada recently addressed the issue.

Québec (Commission des normes, de l'équité, de la santé et de la sécurité de travaille) v. Caron, 2018 SCC 3

The employee, M. Alain Caron, worked as a special educator at Centre Miriam. While on the job, M. Caron injured his left elbow. The day after the injury, his employer temporarily reassigned him as the team leader for the night shift. M. Caron spent over two years helping with the required paperwork and with training and supporting new and existing personnel on the night shift. His employer ended M. Caron's temporary assignment when the process of transferring disabled persons in its care was completed. The employer determined that M. Caron's disability made him unable to return to his pre-injury position, and subsequently indicated that it had no suitable employment.

The Act Respecting Industrial Accidents and Occupational Diseases (the "Act") governs workers' compensation in the province of Québec. The Act outlines a number of benefits available to injured workers. Injured workers who are able to work within a certain period of time have the right to be reinstated to their previous position or given equivalent employment. If the injury precludes the employee from returning to their original position, they have a right to the first suitable employment with the employer. The employer determined it had no suitable employment and terminated the employment of M. Caron.

Though the Act sets up a comprehensive scheme for the treatment of workers, it does not expressly impose on employers a duty to accommodate them. The Commission des normes, de l'équité, de la santé et de la sécurité du travail ("CSST") and, on appeal, the Commission des lésions professionnelles ("CLP") were the administrative bodies charged with implementing the Act. The CSST ruled that since M. Caron could not return to his previous position and the employer had no suitable employment, it would help M. Caron rehabilitate and seek employment elsewhere. M. Caron appealed...