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Quebec employers can now challenge the CSST statements of imputed costs

CSSTOn April 20, 2015, Quebec’s worker’s compensation board, the Commission de la santé et de la sécurité du travail (the CSST) adopted a new policy on the right to medical aid which provides terms and conditions governing a worker’s right to medical aid as a result of an employment injury.

In this context, the CSST indicated that it revised the document entitled Relevé des prestations accordés et des sommes imputées, which translated freely means “Statement of benefits granted and costs imputed” (the Statement). This document contains the sums paid and charged to the employer’s file for the period covered by the Statement. The Statement is generally transmitted on a monthly basis to all employers assessed in accordance with a retrospective plan and to certain employers assessed at a personalized rate.

It is important to note that the CSST now considers that the Statement constitutes a decision notifying the employer of the benefits granted by the CSST to the worker relating to medical aid benefits, transportation and travel expenses.

Pursuant to the Act Respecting Industrial Accidents and Occupational Diseases, an employer may, within 30 days of notification of the decision, apply for review thereof.

As a result, if an employer disagrees with the CSST decision to grant medical benefits or to reimburse transportation and travel expenses to the worker, the employer must apply for a review of this decision, in writing, within thirty (30) days of notification of the Statement.

By Frédéric Henry, Stikeman Elliott LLP

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