Desroches Mongeon Attorneys-at-law

08/11/2022

⚖️ 𝐂𝐨𝐮𝐫𝐭 𝐕𝐢𝐜𝐭𝐨𝐫𝐲 𝐛𝐲 𝐒𝐨𝐩𝐡𝐢𝐞 𝐌𝐨𝐧𝐠𝐞𝐨𝐧, 𝐋𝐚𝐰𝐲𝐞𝐫

Did you know that section 116 of the Act respecting industrial accidents and occupational diseases (AIAOD) stipulates that if a worker suffers from an employment injury and is afflicted with a severe and prolonged disability, the CNESST must pay the contributions to their retirement plan?

This is a very little-known aspect of the law. So, keep that in mind if you can no longer work and you don't have access to a pension plan.

Reference : 2022 QCTAT 3584 (CanLII)

👉 https://canlii.ca/t/jr6h5

08/10/2022

ℹ️ 9 tips in case of a work accident 👇

https://desrochesmongeonavocats.com/en/cnesst/

08/03/2021

INFOLETTRE #129 – Août 2021 – Devoir syndical de juste représentation (articles 47.2 et 47.3 du Code du Travail)

Par Me Sophie Mongeon

Saviez-vous que :

En principe, un travailleur syndiqué ne peut soumettre par lui-même un grief à l’arbitrage. En effet, ce sont les associations syndicales qui détiennent le pouvoir exclusif d’exercer tous les recours que la convention collective accorde à chacun des salariés qu’elle représente (et ce, sans avoir à justifier d’une cession de créance de l’intéressé).

Ce pouvoir, octroyé aux associations par l’article 69 du Code du Travail (ci-après « Code »), est toutefois contrebalancé par une importante responsabilité. En effet, l’article 47.2 du Code prévoit qu’une association se doit d’exercer une représentation exempte de mauvaise foi, de discrimination ou de négligence grave à l’endroit des salariés compris dans l’unité de négociation qu’elle représente, et ce, peu importe que ces salariés soient membres ou non.

Poursuivez votre lecture en suivant le lien suivant:
https://desrochesmongeonavocats.com/infolettre-129-aout-2021-devoir-syndical-de-juste-representation-articles-47-2-et-47-3-du-code-du-travail/

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12/04/2020

A nice article on our managing partner.

Law The Oka Crisis and the fate of a lawyer Posted on August 5, 2020 Author electrodealpro Comment(0) Post Views: 111 Lawyer Sophie Mongeon. Photo: Courtesy Lawyer Sophie mongeon is a go-getter. She takes up the challenges. And love it! In 1990, the Mongeon family found themselves, despite themselve...

09/25/2019

DID YOU KNOW THAT......

To be eligible for a disability pension from Retraite Québec, you must demonstrate that your disability is severe and permanent. Often, we find that disability requests are refused, since treatments could still improve one’s condition.

For example, for a diagnosis of fibromyalgia, Retraite Québec doctors will suggest follow-ups at the pain clinic to try to find a solution to relieve the pain and hopefully be able to return to work.

The Administrative Tribunal of Québec has just rendered a decision in which it is mentioned that getting an appointment at a pain clinic can take up to several years. The judge therefore concludes that the delays are too long and that these treatment options are theoretical, since they must be available and accessible. If they are not accessible, the applicant cannot be blamed for the delays encountered.

In the decision, it is stated that: "The Court considers that it would not be reasonable to require more from the applicant. She has already complied with all the recommendations made to her by her attending physician, by the many consultants and experts involved in the case and by her insurer .” The applicant was therefore entitled to her disability pension.

In case of doubt, do not hesitate to contact us!

✉ [email protected]
☎ 1-855-MAÎTRES (624-8737)
☎ MTL - 514-596-1110
👉 https://desrochesmongeonavocats.com/

09/18/2019

DID YOU KNOW THAT....

You can get a refund for the meal expenses incurred while travelling?

In a recent decision, a worker was reimbursed for the purchase of pints of milk since, when travelling to attend his medical appointments, he consumed at least one pint of milk as a meal replacement. Obviously, the CNESST had initially refused to reimburse him, but in Labrecque and Centre de triage et révalorisation des matériaux secs (2019 QC TAT 3027), the judge concluded that after analyzing the law and reviewing some definitions, for example of the words meal and food, he came to the conclusion that milk is a substance that is reimbursable under the applicable regulations. He even states that this is an economical solution for the CNESST.

Do not hesitate to contact our team for more information!

✉ [email protected]
☎ 1-855-MAÎTRES (624-8737)
☎ MTL - 514-596-1110
👉 https://desrochesmongeonavocats.com/

09/11/2019

Did you know that....

If your insurance company terminates your disability benefits after 24 months because your medical condition no longer meets the definition of total disability provided for in your contract, what is your burden of proof?

At this point, your burden is limited to establishing in a sufficiently convincing manner, with medical evidence to support it, that your state of health is such that you are unable to perform a job corresponding to your abilities and for which the remuneration is equivalent to that of your former job.

Then, it will be up to the insurer to demonstrate that other jobs for which you have the required education, training and experience exist and that you are able to perform them despite your medical condition. It is important to keep in mind that there must be a certain connection between the job suggested and your former job and that it must be comparable in terms of professional interest and remuneration. Essentially, this means that the new job must provide an income that is sufficient enough to maintain your standards of living. For example, in a recent decision, the Tribunal determined that a job providing a gross income equivalent to 60% of the applicant's gross income at the time of disability did not correspond to comparable remuneration. It is also established that it is the gross income from the previous job that must be taken into account and not the amount of disability insurance benefits paid!

In the same decision, the worker suffered from lumbar osteoarthritis with severe symptomatic disc disease and was employed as a mechanic at the time of his disability. The Tribunal determined that he was unable to hold the jobs suggested by his insurance company because they did not correspond to his professional background, did not respect his functional limitations or did not provide him with comparable remuneration.

If in doubt, consult us!

✉ [email protected]
☎ 1-855-MAÎTRES (624-8737)
☎ MTL - 514-596-1110
👉 https://desrochesmongeonavocats.com/

08/21/2019

DID YOU KNOW THAT....

Do you receive benefits from the SAAQ or the CNESST and you are tired of advancing the money for the payment of your authorized medication? Please note that the pharmacy can now be reimbursed directly through these organizations.

You simply need to give your pharmacist your CNESST or SAAQ file number so that he or she can obtain the necessary authorization. Once this is done, the payments will be made directly without you having to intervene!

If you have any questions, do not hesitate to contact our team for more information!

✉ [email protected]
☎ 1-855-MAÎTRES (624-8737)
☎ MTL - 514-596-1110
👉 https://desrochesmongeonavocats.com/

08/14/2019

DID YOU KNOW THAT…THE TRIBUNAL MAY CONSIDER CIRCUMSTANTIAL EVIDENCE TO ACCEPT AN ADJUSTMENT DISORDER DIAGNOSIS?

In the judgment M ... M ... c. SAAQ, after being struck by a motor vehicle, the applicant retains significant sequelae in the knee limiting him in his daily activities. While he used to be very active, he now spends whole days in front of the television, he no longer shows spontaneity and enthusiasm as usual and he is often irritable. It appears from the evidence presented that, as a result of the accident, the applicant has lost his bearings and does not have the resilience or adaptability to respond to the stress of his new condition.

The peculiarity of this case is that the applicant has an intellectual deficit, making medical assessment difficult as it is practically impossible to question him. In order to come to the diagnosis of an adjustment disorder, the psychiatrist must therefore request the participation of the applicant's brother to fully understand the changes that occurred in his life following the accident.

In the decision, the Tribunal acknowledges the existence of an adjustment disorder and mentions in its reasons that, although it is not 100% convinced of the validity of this diagnosis, the applicant's burden of proof must be reasonable and cannot be expected to be virtually impossible to prove. Since the applicant does not have the intellectual capacity to demonstrate maladaptation, the Court considers that the burden becomes almost impossible to prove and that is why he accepts to consider circumstantial evidence, that is, his brother’s testimony. Indeed, not to do so "would be tantamount to denying people with intellectual disabilities the same rights as those granted to the general population. "

If in doubt, consult us!

✉ [email protected]
☎ 1-855-MAÎTRES (624-8737)
☎ MTL - 514-596-1110
👉 https://desrochesmongeonavocats.com/