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...