REVUE

Authorities / Decisions

Cour suprême du Canada
Snell v. Farrell, [1990] 2 SCR 311, 1990 CanLII 70 (SCC) - on the role of expert witnesses in determining causation.

Nova Scotia (Workers' Compensation Board) v. Martin; Nova Scotia (Workers' Compensation Board) v. Laseur, [2003] 2 SCR 504, 2003 SCC 54 (CanLII) - on the application of s. 15 (1) of the Canadian Charter of Rights and Freedoms and reference to s. first of the Charter on the application of a Workers' Compensation Act excluding chronic pain from the scope of the plan.

White-Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, para. 32, 45, 50 - on the role and obligations of the expert.

R. c. Mohan, [1994] 2 S.C.R. 9 - on the admissibility of expert evidence.

Cinar Corporation v. Robinson, 2013 SCC 73, [2013] 3 S.C.R. 1168, 1174 - on the admissibility of expert evidence.

Béliveau St-Jacques c. Federation of Employees, [1996] 2 SCR 345, 1996 CanLII 208 (SCC) - an employee who suffered sexual harassment and harassment on the job compensated under the L.A.T.M.P. can she bring an action in civil liability based on the Charter of human rights and freedoms against her employer?

Cour d'appel du Québec

Workplace Health and Safety Commission c. Chiasson, 2002 CanLII 28392 (QC CA) Montreal, 500-09-007701-998, January 18, 2002, j. Baudoin - on the criteria for applying the causal link between a diagnosis and the event that contributed to the injury. Requiring scientific proof rather than simple overriding proof.

Viger v. Quebec (Administrative Tribunal), 2000 CanLII 4083 (QC CA) Montreal, 500-09-008169-997, August 28, 2000, j. Michaud - on the analysis of the causal link of a diagnosis and the preponderance of evidence in comparison with evidence of a medical or scientific nature


C.A.L.P.

Boisvert and Halco inc., [1995] C.A.L.P. 19.

Renaud c. Canada (Attorney General), (1997) C.A.L.P. 1834 (C.S.) - application for judicial review allowed - Fibromyalgia of the trapezius.

Commission des accidents du travail
Dimarzio and Air Canada, C.L.P. 150828-72-0011, February 18, 2003, A. Vaillancourt - a decision maker cannot demand a level of scientific evidence for the purposes of causal link analysis due to the lack of a recognized etiology in the scientific community.

Pleau and Société immobilière du Québec, 2013 QCCLP 854.

Lagacé and Agriculture and Agri-Food Canada, C.L.P. 278873- 62B-0512, February 14, 2008, L. Landriault.

Rivest and Star Appetizing Products inc., C.L.P. 175073- 61-0112, July 7, 2003, J.-F. Martel.

Dubé and Entreprises du Jalaumé enr., C.L.P. 380599-01A- 0906, September 21, 2009, G. Tardif.

Maillette and Bombardier Aéronautique inc., C.L.P. 117028- 72-9905, July 15, 2005, C.-A. Some charm.

Marcoux and Lab Société Commandite Black Lake et al., 2012 QCCLP 7574, Ann Quigley - complaint accepted.

Doiron et QVP inc., 2012 QCCLP 2058, Michel Moreau - complaint accepted.

Murray et Manucam inc., 2012 QCCLP 7057, Jean-Marc Dubois - complaint accepted.

Mailloux and Club automobile du Québec, 2013 QCCLP 6286, Anne Vaillancourt - claim accepted.

Rakib and Bizerba Canada inc., 2013 QCCLP 4585, Claire Burdett - claim accepted for low back pain. CLP jurisprudence has recognized that low back pain can constitute a diagnosis when objective signs accompany it. In this case, the low back pain is accompanied by objective signs, such as bilateral spasm and decreases in range of motion, positive root tension as well as a positive Valsalva. "

Comeau and Halo Pharmaceutical Canada inc., 2018 QCTAT 298.

Boies and CSSS Québec-Nord, 2011 QCCLP 2775 (Bench of three judges).

L.B. and A (Arrondissement), 2016 QCTAT 4495 (Lise Boucher).

Aérotek CE and Deleeuw, 2012 QCCLP 4167.

Elrhalte and Aérotek CE, 2012 QCCLP 1911.


Administrative Labour Tribunal (T.A.T.)
Millette and Montreal Mental Health University Institute, 2018 QCTAT 5936.

Millette and Montreal Mental Health University Institute, 2019 QCTAT 3375.

St-Denis and CLD Matawinie, 2016 QCTAT 2115.

St-Denis and CLD Matawinie, 2018 QCTAT 2665.


Foreign Tribunals
Vastag v. Prudential Insurance Company of America, United States District Court District of New Jersey, Civ. No. 15-6197 (KSH) (CLW). Opinion by s / Katharine S. Hayden, U.S.D.J., dated: May 31, 2018 - on the suitability of the VO2Max test.


Doctrine et Littérature scientifique

 
Y. OUELLETTE, “Aspect of procedure and evidence before administrative tribunals”, Montreal, Éditions Yvon Blais, 1983

P. GARANT, “Evidence before administrative and quasi-judicial tribunals”, (1980) 21 C. de D. 825.

P. GARANT, “Droit administratif”, 5th ed., Montreal, Éditions Yvon Blais, 2004.

Philippe BOUVIER, "Occupational injury: legal causation, twenty years after the Snell v. Farrell of the Supreme Court ”, Recent Developments in Occupational Health and Safety Law 2008, vol. 284, pp. 77-104.

Sophie FABRIS, "Fibromyalgia: access to compensation provided for in the Act respecting industrial accidents and occupational diseases in a context of scientific and medical uncertainty", Recent Developments in Occupational Health and Safety Law 2004, flight. 201, pp. 277-306.

Frédéric TREMBLAY, “The remedial powers of the Administrative Labor Tribunal (labor relations division) and the grievance arbitrator in the context of an employment injury based on a situation of psychological harassment”, Recent Developments in Labor Law occupational health and safety 2019, vol. 453, pp. 133-176.

Jean-François SÉGUIN, “The self-employed worker and the Act respecting industrial accidents and occupational diseases: piecemeal protection or a coherent whole? », Recent Developments in Occupational Health and Safety Law 2019, vol. 453, pp. 87-128.

Isabelle GAGNON, "Review of the jurisprudence of the TAT following the new orientations of the CNESST as to the date of capacity, the end of the right to IRR and medical assistance", Recent developments in health and occupational safety 2018, vol. 440, pp. 49-130.

Kevin HORTH, “Psychological ARR: What is the Defining Cause? », Recent Developments in Occupational Health and Safety Law 2018, vol. 440, pp. 135-210.

Sophie CLOUTIER, "While awaiting the teachings of the Supreme Court in the Caron case: a reminder of the arguments in favor of the thesis of the integration of the reasonable accommodation process into the AIAOD regime", Recent Developments in Law occupational health and safety 2018, vol. 440, pp. 257-281.

Pierre-Michel LAJEUNESSE, “Recent decisions on the sharing of powers in the field of occupational health and safety”, Recent Developments in Occupational Health and Safety Law 2017, vol. 425, pp. 107-137.

Jean-Pierre Arsenault, “The fair debate: chimeras, utopia or attainable ideal? An Inside View ", Recent Developments in Occupational Health and Safety Law 2017, Vol. 425, pp. 141-202.

Jean-Sébastien CLOUTIER and Andréane GIGUÈRE, “The expectations relating to the role of experts and their consequences on the assessment of evidence by the Commission des lésions professionnelles”, Recent Developments in Occupational Health and Safety Law 2016, vol . 408, pp. 79-112.

Sophie CLOUTIER and Anne-Marie LAFLAMME, “Return to work, right to equality and jurisdiction of the courts with regard to workers who are victims of occupational injuries: a commentary on the Caron and MUNACA judgments”, Recent developments in health law and of occupational safety 2016, vol. 408, pp. 145-171.

Julie BARIL and Samia BENMOU, “The obligation to motivate in administrative law: recent developments since the Newfoundland and Labrador Nurses' Union decision”, Recent Developments in Occupational Health and Safety Law 2016, vol. 408, pp. 3-73.

Sophie CLOUTIER and Frédéric Antoine TREMBLAY, “When the initial diagnosis of an occupational injury changes, legal issues become more complex”, Recent Developments in Occupational Health and Safety Law 2015, vol. 394, pp. 175-211.

Isabelle GAGNON, "Psychological harassment and psychological occupational injury: from" res judicata "to" abuse of process "including estoppel ... what confusion! », Recent Developments in Occupational Health and Safety Law 2015, vol. 394, pp. 217-296.

Éric THIBAUDEAU, "Requests for cost sharing: the burden of proof on the employer", Recent Developments in Occupational Health and Safety Law 2014, vol. 379, pp. 205-225.

Michel DAVIS and Nicolas HOULE-GINGRAS, "Psychological injuries among teachers and certain other workers working with children and adolescents", Recent Developments in Occupational Health and Safety Law 2014, vol. 379, pp. 45-80.

Jean-François DUFOUR, “The post-Boies and CSSS Québec-Nord - Does the application of the presumption of article 28 of the Act respecting industrial accidents and occupational diseases (AIAOD) fall within the chimera, specter or dogma? », Recent Developments in Occupational Health and Safety Law 2013, vol. 360, pp. 5-49.

André G. LAVOIE, “The extension of time in all its seams”, Recent Developments in Occupational Health and Safety Law 2013, vol. 360, pp. 53-77.

Luc CÔTÉ and Catherine DUBÉ-CAILLÉ, "Office knowledge and specialization of the Commission des lésions professionnelles: from theory to practice", Recent Developments in Occupational Health and Safety Law 2013, vol. 360, pp. 137-165.

Julie SAMSON, “When we reoffend in the interpretation, do we relapse or do we worsen the situation? », Recent Developments in Occupational Health and Safety Law 2012, vol. 346, pp. 135-172.

Éric THIBAUDEAU and Mary-Pier MARCHETERRE, "The Morissette judgment: revolution or simple clarification regarding the end of the right to compensation", Recent Developments in Occupational Health and Safety Law 2012, vol. 346, pp. 175-190.

Isabel SIOUI and Annick MARCOUX, "Article 31: from compensation to charge", Recent Developments in Occupational Health and Safety Law 2011, vol. 334, pp. 3-59.

Claude VERGE, "The fundamental distinction between the jurisdiction and the powers of an administrative tribunal: principles and application, in particular in the context of the Commission des lésions professionnelles", Recent Developments in Occupational Health and Safety Law 2011, flight. 334, pp. 147-209.

Geneviève MERCIER and Linda BERNIER, "Consumption, abuse and addictions: their influence on compensation by the C.S.S.T. and cost allocation ", Recent Developments in Occupational Health and Safety Law 2011, Vol. 334, pp. 213-264.

Jacques L. ARCHAMBAULT, “Classification of employers and distribution of salaries at the CSST”, Recent Developments in Occupational Health and Safety Law 2010, vol. 318, pp. 109-137.

Marie-Anne LECAVALIER, "The application of Article 27 L.A.T.M.P. by the C.L.P. », Recent Developments in Occupational Health and Safety Law 2010, vol. 318, pp. 141-188.

Reine LAFOND and Mylène LUSSIER, “Spinning 10 years after Bridgestone / Firestone: admissibility before the C.L.P., utility and consequences”, Recent Developments in Occupational Health and Safety Law 2010, vol. 318, pp. 191-262.

Sophie CLOUTIER, "Does the victim of an employment injury have the right to reasonable accommodation? », Recent Developments in Occupational Health and Safety Law 2010, vol. 318, pp. 265-283.

Jean-Sébastien NOISEUX and Tatiana De AGUILAR, “Administration of the evidence and objections before the C.L.P. », Recent Developments in Occupational Health and Safety Law 2009, vol. 303, pp. 175-223.

Lydia FOURNIER and Mylène LUSSIER, "Unfair oberation in cases of majority contribution from a third party: the Ministry of Transport affair and its influence", Recent Developments in Occupational Health and Safety Law 2009, vol. 303, pp. 263-317.

Katherine LIPPEL, "Early intervention to avoid chronicity: legal issues", Recent Developments in Occupational Health and Safety Law 2008, vol. 284, pp. 141-187.

Katherine LIPPEL, “THE VIEW OF QUEBEC LAW ON MUSCULOSKELETAL DISORDERS: COMPENSATION AND PREVENTION”, I.R.S.S.T.

Sophie CLOUTIER, “Return to work with functional limitations and modification of the individualized rehabilitation plan”, Recent Developments in Occupational Health and Safety Law 2007, vol. 263, pp. 85-112.

France CORMIER, “The victim of harassment and the vocational rehabilitation process”, Recent Developments in Occupational Health and Safety Law 2007, vol. 263, pp. 113-141.

Christian BEAUDRY, "Air quality in the workplace: main legal aspects", Recent developments in occupational health and safety law 2006, vol. 239, pp. 3-19.

Jean-Sébastien NOISEUX, "Temporary assignment: twenty years of legal maze", Recent Developments in Occupational Health and Safety Law 2006, vol. 239, pp. 25-80.

Amdré G. LAVOIE, "Revision according to article 429.56 from yesterday to today", Recent Developments in Occupational Health and Safety Law 2006, vol. 239, pp. 83-118.

Katherine LIPPEL, "The Work Injury Appeal Process Experience as Lived by Workers", Recent Developments in Occupational Health and Safety Law 2006, vol. 239, pp. 123-180.

Katherine LIPPEL, "Quebec law and musculoskeletal disorders: rules relating to compensation and prevention", (2009) 11 (2) Revue Pistes.

Susan STOCK, Nektaria NICOLAKAKIS, Hicham RAÏQ, Karen MESSING, Katherine LIPPEL and Alice TURCOT, “Underreporting Work Absences for Non-traumatic Work Related MusculoskeletalDisorders to Workers' Compensation Results of a 2007-2008 survey of the Quebec working populations”, American Journal of Public Health, January 16, 2014.

Katherine LIPPEL, “The right of industrial accidents to compensation: historical and critical analysis”, Montreal, Éditions Thémis, 1986.

Yves BERGERON, Luc FORTIN and Richard LECLAIRE, (eds.), Medical pathology of the musculoskeletal system, 2nd ed., Saint-Hyacinthe, Edisem, 2008.

Robert TÉTRAULT, “The various roles of physicians in the context of L.A.T.M.P. : legal and ethical aspects ”, Recent Developments in Occupational Health and Safety Law 2006, vol. 239, pp. 183-209.

Jean-François GILBERT, “The convergent objectives of the Charters and the Act respecting industrial accidents and occupational diseases (L.A.T.M.P.)”, Recent Developments in Occupational Health and Safety Law 2006, vol. 239, pp. 263-300.

Jean-François BÉLISLE, "The exercise of the employer's disciplinary power in matters of occupational injuries and occupational health and safety", Recent Developments in Occupational Health and Safety Law 2006, vol. 239, pp. 213-259.

Robert TÉTRAULT, "The Disability Pension Plan for Members of the Armed Forces and Members of the RCMP", Recent Developments in Occupational Health and Safety Law 2005, vol. 220, pp. 23-44.

Gabriel HÉBERT-TÉTRAULT and Jean-Pierre VILLAGGI, “Administrative tribunals and the implementation of rights and freedoms”, Recent Developments in Occupational Health and Safety Law 2005, vol. 220, pp. 47-108.

Michel WATKINS, “Being unfairly overburdened: what exactly is that? », Recent Developments in Occupational Health and Safety Law 2004, vol. 201, pp. 5-120.

Luc CÔTÉ and Robert L. RIVEST, “Harassment: compensation for occupational injuries and new recourse in the event of psychological harassment at work”, Recent Developments in Occupational Health and Safety Law 2004, vol. 201, pp. 221-252.

Jean-Pierre VILLAGGI, “Judicial review of the decisions of the C.L.P .: principles resulting from recent case law”, Recent Developments in Occupational Health and Safety Law 2003, vol. 183, pp. 3-60.

François LAPRISE, "Compensation for post-traumatic stress in a 'predictably' '' violent '' workplace", Recent Developments in Occupational Health and Safety Law 2003, vol. 183, pp. 189-238.

Sylvane MARKOVIC, "The suspension of payment of compensation under section 142 (1) L.A.T.M.P. », Recent Developments in Occupational Health and Safety Law 2002, vol. 166, pp. 31-53.

Élaine LÉGER, "The knowledge of office of the Commission des lésions professionnelles", Recent Developments in Occupational Health and Safety Law 2002, vol. 166, pp. 57-80.

Jacques DAVID, “Recusation: the rules provided for in the L.A.T.M.P. », Recent Developments in Occupational Health and Safety Law 2002, vol. 166, pp. 83-101.

François CÔTÉ, "From section 329 of the L.A.T.M.P. or the end of a saga ", Recent Developments in Occupational Health and Safety Law 2002, vol. 166, pp. 105-145.

Sébastien PARENT, "When the duty of reasonable accommodation comes to the aid of the victim of psychological harassment", La revue du Barreau 2017, Tome 76, pp.475-501.

Sébastien C. CARON, Elizabeth NEELIN and Marie-Noël ROCHON, “Civil procedure. Communications between lawyers and experts: the privilege relating to litigation and the duties of experts ”, La revue du Barreau 2015, Tome 74, pp. 558-571.

Katherine PLANTE, "Drug and alcohol screening tests in the workplace - Weighing the fundamental rights of the employee and the rights and obligations of the employer", La revue du Barreau 2014, Tome 73, pp. 60-92.

Marie-Anne GRÉGOIRE and Sophie Gratton, "The legality of leases for private residences for the elderly: Reflective study on the effectiveness of rights in a context of aging of the population", La revue du Barreau 2011, Tome 70, pp. 477-508.

Matthew GAPMANN and Stéphanie GAGNÉ, "Reasonable accommodation in the workplace: guidelines and perspectives", La revue du Barreau 2007-2008, Tome 67, pp. 183-202.

Christian BRUNELLE, "Dignity in the Charter of Human Rights and Freedoms: from the ubiquity to the ambiguity of a fundamental concept", La revue du Barreau 2006, Special issue, pp. 145-174.

Denis NADEAU, "The Charter of Human Rights and Freedoms and Labor Law in Quebec: Birth of a" New Employee "in Changing Law", La revue du Barreau 2006, Special issue, pp. 401-419.

M. HARTH, “Fibromyalgia, Litigation and the Medical Expert Witness: More Heat than Light,” Pain Research Management, vol. 3, no 2, 1998, pp. 77-80;

Kevin P. WHITE et al., “Trauma and Fibromyalgia: Is There an Association and What Does It Mean? ”, Seminars in Arthritis and Rheumatism, vol. 29, no 4, 2000, pp. 200-216;

L. NEUMANN et al., “Outcome of Post-traumatic Fibromyalgia: A 3-Year Follow-Up of 78 Cases of Cervical Spine Injuries”, Seminars in Arthritis and Rheumatism, vol. 32, no 5, 2003, pp. 320-325;

L. L. KINDLER et al., “Risk Factors Predicting the Development of Widespread Pain from Chronic Back of Neck Pain”, Journal of Pain, vol. 11, no 12, 2010, pp. 1320-1328;

M. TISHLER et al., “Can Fibromyalgia Be Associated with Whiplash Injury? A 3-Year Follow-Up Study ”, Rheumatology, vol. 31, 2011;

D. BUSKILA et al., “Trauma and Work-Related Pain Syndromes: Risk Factors, Clinical Picture, Insurance and Law Interventions”, Best Practice & Research Clinical Rheumatology, vol. 25, 2011, pp. 199-207;

T. SCHOCHAT et al., “Elements of fibromyalgia in an open population”, Rheumatology, vol. 42, 2003, pp. 829-835;

A.W. AL-ALLAF et al., “A case-control study examining the role of physical trauma in the onset of fibromyalgia syndrome”, Rheumatology, vol. 41, 2002;

I. HAZEMEIJER et al., “Fibromyalgia and the therapeutic domain. A philosophical study on the origins of fibromyalgia in a specific social setting ”, Rheumatology, vol. 42, 2003, pp. 507-515;

Muhammad B. YUNUS, “Fibromyalgia Syndrome and Myofascial Pain Syndrome: Clinical Features, Laboratory Tests, Diagnosis, and Pathophysiologic Mechanisms”, in Edward S. RACHLIN, “Myofascial Pain and Fibromyalgia”, Trigger Point Management, 2nd Edition, St. Louis, Mosby, 2002, Chapter 1, pp. 3-29;

Roy C. GRZESIAK, “Psychological Considerations in Myofascial Pain, Fibromyalgia, and Related Musculoskeletal Pain”, in Edward S. RACHLIN, “Myofascial Pain and Fibromyalgia”, Trigger Point Management, 2nd edition, St. Louis, Mosby, 2002, chapter 4 , pp. 61-90;

Edward S. RACHLIN, “Trigger Points”, in Edward S. RACHLIN, “Myofascial Pain and Fibromyalgia”, Trigger Point Management, 2nd Edition, St. Louis, Mosby, 2002, Chapter 7, pp. 145-157;

Edward S. RACHLIN, “Trigger Point Management”, in Edward S. RACHLIN, “Myofascial Pain and Fibromyalgia”, Trigger Point Management, 2nd edition, St. Louis, Mosby, 2002, chapter 9, pp. 173-195.
Nandini HADKER MA et al., "Primary care physicians’ perceptions of the challenges and barriers in the timely diagnosis, treatment and management of fibromyalgia ", Pain Research Management, vol. 16, no 6, Nov / Dec, Pulsus Group inc., 2011.

C.D. GONTHIER, "Expert testimony at the border between science and law", (1993) 53 R. du B. 187, 190-193.

Diagnostic
and Evaluation Questionnaires

The impact of pain

Types of pain

1. Questionnaire DN-4 (Neuropathic Pain 4 questions) (Appendix A) A score of 4 or more indicates the likelihood of neuropathic pain. So here positive.

2. Lead Assessment of Neup Symptoms and Signs (S-LANSS) Questionnaire (Appendix B)

3. FiRST questionnaire (Fibromyalgia rapid screening tool) (Annex C) This screening questionnaire has a sensitivity and specificity of nearly 90% for detecting fibromyalgia. There is fibromyalgia when 5 or more in 6. So positive.

4. American College Rheumatology-Criteria (ACR) 2010 Questionnaire (Appendix D) SS: 11/12 - Positive New ACR Criteria.

Functional impact
BPI Questionnaire (Brief Pain Inventory) (Annex A) (0/70; normal person, 70/70; bedridden person).

FIQ Questionnaire (Fibromyalgia Impact Questionnaire) (Appendix E)

Bichot Fatigue Scale (Appendix F) This scale assesses the severity of daily fatigue. It is a question of pathological fatigue when the result is greater than 22.

Pain Catastrophizing Scale (PCS) (Appendix H) This scale assesses the thought process characterized by a heavy fixation on pain and a perception of being unable to manage pain.

HADS (Hospital anxiety and depression scale) (Appendix I)

Epworth Sleepiness Scale (Appendix J) This scale is used to assess subjective daytime sleepiness. A result greater than 11 is abnormal.

File management
and administration service

This service is the “engine” that reduces the workload of our clients' offices - immediately and efficiently.

COMPONENTS
Collect and organize data;

Perform the required file opening procedures;

Submit authorizations and draft, finalize, serve and submit all required CNESST forms;

Report occupational injuries and illnesses to the CNESST as soon as they occur;

Follow-up with stakeholders according to the client's instructions (CNESST, the injured worker, the employer and the health professional);

Provide relevant information to the CNESST (Return to work status; information on financial elements);

Regularly follow up on files, meet deadlines and respect quality controls throughout the processing of your complaint to keep the file on track;

Carry out the final medico-administrative examination;

Perform the required file closure procedures.

CUSTOMER BENEFITS
Increased control and direction to optimize the outcome of complaints;

Reduction of operational costs and inefficiencies for controlling system costs;

Increased productivity and more efficient allocation of resources;

Better tracking of where money and time are spent;

Much less risk of penalties and delays;

Improved due diligence to keep records on the right side of CNESST regulations;

Faster processing of the file for faster closure;

Reducing system costs by preventing a single claim from becoming complex;

Increased rate of denial of claims upfront, saving time and money;

Earlier identification of inconsistencies and fraudulent requests;

Save time and money by reducing the working time of your office.

Management of occupational injuries and illnesses in the workplace
for the return to health
and a safe return to work

It is the "fundamental action" that points a claim in the right direction and ultimately to a positive outcome.

COMPONENTS
CASST inc. adopts a firm approach that respects the rights of a worker so that he can return to his pre-injury position after being consolidated by his attending physician;

CASST inc. provides ongoing monitoring based on the recovery of an injured worker using an objective and scientific approach;

CASST inc. assesses a request based on tangible and objective criteria such as diagnostic guidelines issued by the worker's treating physician;

CASST inc. ensures the improvement of the health of the injured worker according to objective and medical standards;

If, in fact, the worker's recovery is delayed and / or deviates from the objective directives in terms of incapacity, CASST inc. recognizes that there is a problem and will immediately address this gap;

Identify and obtain the appropriate medical information;

Provide expert analysis and interpretation of the information gathered;

Direct the mandate towards the best possible result;

Develop personalized Return to Work (RT) plans for employees;

Monitor the physical and mental skills of employees to quickly identify appropriate solutions;

Coordinate Return to Work efforts with all stakeholders;

Recommend the analysis, evaluation and facilitation of medical options (i.e. diagnoses) to accelerate recovery and successful return to work of the worker;

Track employee's return to health and full-time duties.

CUSTOMER BENEFITS
The management of the return to health defines the reasonable expectations of the attending physician, the employer, the worker, CASST and the CNESST;

Rather than guessing or speculating, CASST applies solid information based on objective and validated facts to the type of diagnosis and the expected recovery time period;

Applying an independent and realistic fact-based approach to health restoration increases the confidence that the claim remains within the rule and therefore ensures that the worker's injury or illness is properly treated, while mitigating the consequences. costs and disruption of the employer's business;

Reveal all about a claim to lead the investigation;

Saves time and costs by quickly and accurately identifying the means to direct the management of a claim;

Identifies the medical restrictions / capacities of the injured worker in order to adapt a job to these functional capacities;

Results in reduced system costs for employers;

Provides tasks that can add value to the business;

Provides psychological benefit to the injured worker by remaining a productive member of the workforce within the company;

Meet the CNESST requirement to provide modified work (on temporary assignment) and to contribute to a healthy and safe return to work;

Monitors the progress of the injured worker so that the claim can be closed more quickly, which will further mitigate the system costs of each case;

Reduces internal resources in time and effort needed to monitor the worker's progress and finally settle the claim;

Eliminate the potential future costs of a recurrence of the initial injury or illness (for example: relapse, recurrence or aggravation) through a post-recovery engagement with the injured worker;

Increase time and cost savings by reducing the burden on your office.

Claims management
and medico-administrative services

Think of these elements as your "best allies" when it comes to ensuring the success of our position on analysis, enforcement and compliance.

COMPONENTS
Examine all new diagnoses reported to the CNESST;
Review all CNESST decisions to ensure compliance;
Submit requests to the CNESST for the review and analysis of outstanding medico-administrative issues, medical information, financial documents, system cost relief and potential cost shifting to mitigate any liability;

Collect the information or provide additional information at the request of the CNESST;

Contest decisions on CNESST reimbursement requests when appropriate and necessary;

Appeal CNESST admissibility decisions to the Administrative Review Directorate (DRA) or to the Administrative Labor Tribunal (TAT);

Observe workers' compensation issues that affect all relevant provincial laws of the regulatory body to guide decision making;

Examine all complaints from an authorized professional representative in order to verify and, if necessary, resolve any medico-administrative problem with the CNESST.

CUSTOMER BENEFITS
Ensures the reduction of potential medico-administrative, operational and financial impacts;

Identifies non-punitive and punitive claims to determine the degree of attention given by the settlement process to a claim;

Treat complaints more efficiently for faster and more efficient resolution;

Pay increased attention to more punitive claims in order to control the system costs and exposure associated with these cases;

Provides stronger operational and financial results for our clients;

Reduces risks and optimizes system cost control thanks to in-depth medico-administrative and complaints management expertise, associated with reliable and timely processes;

Ensures that all files are managed by an authorized partner;

Contributes to maximizing financial and operational success by controlling all risk opportunities;

Increase time and cost savings by reducing the burden on your office.

Financial analysis, « reporting", data monitoring and analysis


This element is "our ability" which links the entire complaints management process.

COMPONENTS
Ensure the quality control and total supervision of our clients "according to the financial situation of the CNESST";

Provide financial forecasting and budgeting as needed;

Gather and communicate all CNESST information to recognize trends in the CNESST system with regard to employer priorities / concerns;

Generate and provide reports on the status and results of claims management;

Formulate, manage and communicate the financial strategy of each claim;

Communicate the impact of results and decisions in complaints management;

Communicate the impact of each worker's compensation plan at the provincial and federal level.

CUSTOMER BENEFITS
Identify and mitigate all stakeholder errors while holding them accountable;

Reduce the time, costs and effort required to perform financial analysis, reporting and data collection;

Advise employers of the financial impact of claims and individual accounts to guide the direction of claims management in each province;

Data collection so that the employer can produce meaningful and impactful reports for their management team or their company;

Enables a business to identify trends and identify health and safety issues while enabling them to resolve workers compensation issues;

Increase time and cost savings by reducing the burden on your office.

Technology
CASST inc. collects a tremendous amount of information throughout the CNESST claims management process. Organizing, tracking, updating, and recording this information in a meaningful and usable way can be a difficult, complex, and time-consuming process.

CASST inc. has developed an internal complaints management system that allows a reaction and / or a response within a reasonable time to any new request from the company concerning the progress of an occupational injury or disease file.

COMPONENTS
Proven and flexible file system for each disability case;

Provide reports that clearly and concisely transmit a wide range of statistics relating to information on claims for compensation from the CNESST;

Provide reports with details of the type, frequency and location of the alleged event;

Organize data transparently into different report formats;

Submit the action to a file immediately to our support team;

Provide personalized reports on occupational injuries or high risk occupational diseases on a monthly, quarterly or annual basis, upon request.

CUSTOMER BENEFITS
Provides a better overview of all elements of a claim, including medical information and historical data;

Provides the most complete data possible which allows better "reporting" functionality, which allows our clients to improve their internal monitoring processes;

Allows increased efficiency in the processing of information requests;

Provides a superior level of customer service to stakeholders;

Organizes data so that it can be reviewed and disseminated among all stakeholders and at all levels of the business;

Offers full transparency at every stage of the complaints process;

Provides access to the information necessary to meet the needs of the business;

Provides access to all relevant information on an active file;

Provides a cost impact analysis for each claim, which will facilitate financial decision making;

Provides an overview of different trends, such as the most common occupational injuries and illnesses, the number of active injuries and illnesses, where staff are most or least at risk, etc.

Increase time and cost savings by reducing the burden on your office.

Consultant and
Dedicated Representative

Claims for occupational injuries and illnesses require medico-administrative knowledge and logistical and strategic expertise at each stage of the life of a claim.

Unparalleled national expertise
Each province has its own workers' compensation legislation, company classification programs and experiences, as well as procedures, processes, protocols and laws. This requires in-depth knowledge of each jurisdiction and in both official languages. With CASST Inc., you benefit from our expertise in each province and the close working relationships that we carefully maintain with our partners in each. We are also one of the rare firms of occupational health and safety consultants to fully manage cases of occupational injuries and illnesses before decision-making bodies on behalf of clients exercising or having activities in the province of Quebec as well as in the rest of Canada.

Unparalleled national expertise
Response times are essential to the success of the financial and operational management of your business. However, being on the lookout for any required deadlines, while following up with all stakeholders, can often slow the process down, with financial implications for the client. Fortunately, we know how to navigate these murky waters effectively and efficiently, so that information and deadlines are met and flow easily to limit costs associated with customer complaints and any possibility of operational disruption.

Our collaborative team approach
We offer you a unique solution. We do not participate in any outsourcing of the complaints management process. There are no competing philosophies or strategies. Instead, you get a continuous, uninterrupted flow of information, strategies and solutions to active complaints through a dedicated team of professionals, including:

A dedicated Accounts Director: the main point of contact for our clients at CASST inc. Ensures that the entire team at CASST inc., On behalf of the client, works in synergy in a coordinated manner, in accordance with the overall strategy for the management of occupational injuries and occupational diseases files, with the vision and delivery of the PGI.

Authorized active file manager: supervises and manages the files of claims for occupational injuries and occupational diseases from the start of the alleged event until the closure of the said file, while ensuring the consistency of the process of strategic management of the event alleged throughout the life of the administrative process.

Consultant and Principal Representative: manages all complex and escalating claims files, all appeals and medico-administrative issues within a claim.

Return to Work Specialist: coordinates prompt and safe return to work programs, uses alternative dispute resolution techniques to ensure successful mediation, and manages all return to work and transition to work mediations.

Administrative Assistant: drafts, prepares and submits the appropriate documentation and claim forms.

Ensures all administrative tasks are performed efficiently while managing and maintaining the filing system.

The Analyst Team: tracks data and produces financial and analytical reports for clients nationwide.

CASST inc. takes an open and collaborative approach to every complaint so that all team members work together to achieve the best possible outcome. Through open discussion and teamwork, this approach also promotes the highest level of quality and performance.

High control standards
Our reports and data tracking allow us to provide you with the unbiased, quantified backup you need for your decisions. By providing measurable benchmarks, this information can help you assess how well your claims, as well as our performance, align with the highest standards in the industry. No one can argue with the numbers when they speak for themselves.

Mastery Of The Program
Classification By Experience

Experience assessment programs in each province can vary widely. Understanding how and why experience rating programs are used and the impact on your bottom line is a critical part of successful claims. While a thorough knowledge of experience assessment programs is essential, this understanding is not sufficient to maximize the success of claims. Knowing how to extract the right financial data and combine that information with complaints management expertise will lead to optimal results for our clients. From simple forecasting, to current condition analysis and budgeting, to complex strategic financial claims maneuvers, our in-depth knowledge of classification statements through experience enables us to help our clients meet their financial needs in compensation matters.

TRANSPARENT APPROACH AND HASSLE-FREE AT THE CNESST

To greatly facilitate the work with the various Commissions, we have designed our ERP to manage complaints proactively as opposed to reactively, from start to finish. The team at CASST inc. begins to manage the complaint and engage the Commission at the time an alleged event is reported to us, and for the duration of the complaint. CASST inc. simplifies your work and allows you to focus on your essential tasks and responsibilities.

Reports generated by our internal system can facilitate, among others, the following tasks:

Trend analysis;

Health and safety gaps;

Update of the complaint, result and resolution;

Flexible and in-depth exploration of each claim.

Resources
CASST inc. offers a number of resources that can help you better understand our philosophy on managing occupational injuries and illnesses through training and discussion. We believe that the more you know about the management of occupational injury and disease claims, the more likely you are to achieve the desired result. Information currently available includes updates to CNESST standards and regulations, technical discussions, white papers on various issues, and publications where your comments are welcome. These resources will be updated regularly for your review and comments.

Solutions to consider:

Fully engage in a culture of health and safety.

This will increase the awareness and importance of workplace injuries throughout the company.

Then, and only then, will you truly begin to effectively manage workplace injuries.

The best thing employers can do to anticipate changes is to lock down their claims handling processes.

There are five aspects to complaints management. The first is administration. Many employers ignore the administration in claims. We cannot stress this enough.

The second aspect is a strong return to work policy - which our expert says needs to be in writing. Human resources professionals should also be familiar with applicable laws and regulations.

This is ultimately a critically important medico-administrative process, and human resource professionals who neglect the medico-administrative process could find themselves in a difficult position when government authorities put new policies in place in the area. the domain.

Human resources professionals should also be familiar with the financial implications of changes to their current compensation models. According to our expert, a thorough financial analysis will allow employers to put in place a solid transition assistance program.