The CSST'S New Table of Maximum Consolidation Period: Whistling in the Wind!

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Much has been and continues to be written about applications for cost-sharing under section 329 of An Act respecting industrial accidents and occupational diseases (the "AIAOD").

The purpose of this provision, which is regularly used by employers, is to counterbalance the consequences of the "thin-skull theory" to eligible claims, as without it, the costs of a worker's personal condition would be borned by the employer.

The attached bulletin discusses the principles that apply to the analysis of an application for cost submitted by an employer and explains the recent decisions of the Commission des lesions professionnelles concerning the relative scope of the new evaluation grid that the CSST adopted in May 2007.

Entitled “Table des durées maximales de consolidation aux fins de l’application de l’article 329 de la LATMP” [Table of Maximum Consolidation Times for the purposes of the application of section 329 AIAOD], this new grid significantly modifies the way in which the CSST analyses the applications for cost sharing . However, this “Table...” must be reviewed in the light of the various decisions that the CSST has issued over the last year.

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