Costs Due to Treatment or Failure to Provide Treatment: the Workers’ Compensation Tribunal Puts an End to a Debate1
Québec’s Workers’ Compensation Tribunal, the Commission des lésions professionnelles, (the “Commission”) recently struck a panel of three commissioners in order to resolve conflicting decisions on the application of section 327(1) of the Act respecting Industrial Accidents and Occupational Diseases (the “Act”) concerning the imputation of certain costs. The commissioners have now rendered their decision: when a worker experiences one or more complications from treatment received for an occupational injury or disease, the employer can request that the costs associated with such a complication be transferred to all employers, on one condition…