A-3.001 - Act respecting industrial accidents and occupational diseases

Section 38 Disposition versions

2024-09-27

38. An employer has a right of access free of charge to the record in the possession of the Commission in respect of an employment injury suffered by a worker while he was employed by him.

An employer to whom all or part of the cost of the benefits payable by reason of an employment injury is imputed pursuant to the first paragraph of section 326 or the first or second paragraph of section 328 as well as an employer personally liable for the payment of all or part of the benefits payable by reason of an employment injury also have a right of access free of charge to the record in the possession of the Commission in respect of the injury.

Where a transaction referred to in section 314.3 has occurred, the employer involved in the transaction shall also have access free of charge to the record kept by the Commission in respect of an employment injury the cost of which is used to determine the employer’s assessment following the transaction.

The employer may expressly authorize a person to exercise his right of access.

However, the employer does not have a right of access to the medical record and the physical rehabilitation record in the possession of the Commission in respect of the employment injury suffered by the worker; only the health professional designated by the employer has a right of access, free of charge.

The Commission shall notify the worker that the right provided by this section has been exercised.

1985, c. 6, s. 38; 1992, c. 11, s. 1; 1996, c. 70, s. 4; 2024, c. 4, s. 5.

1999-04-01

38. An employer has a right of access free of charge to the record in the possession of the Commission in respect of an employment injury suffered by a worker while he was employed by him.

An employer to whom all or part of the cost of the benefits payable by reason of an employment injury is imputed pursuant to the first paragraph of section 326 or the first or second paragraph of section 328 as well as an employer personally liable for the payment of all or part of the benefits payable by reason of an employment injury also have a right of access free of charge to the record in the possession of the Commission in respect of the injury.

Where a transaction referred to in section 314.3 has occurred, the employer involved in the transaction shall also have access free of charge to the record kept by the Commission in respect of an employment injury the cost of which is used to determine the employer’s assessment following the transaction.

The employer may expressly authorize a person to exercise his right of access.

However, only the health professional designated by the employer has a right of access free of charge to the medical record and the physical rehabilitation record in the possession of the Commission in respect of the employment injury suffered by the worker.

The Commission shall notify the worker that the right provided by this section has been exercised.

1985, c. 6, s. 38; 1992, c. 11, s. 1; 1996, c. 70, s. 4.

1992-11-01

38. An employer has a right of access free of charge to the record in the possession of the Commission in respect of an employment injury suffered by a worker while he was employed by him.

An employer to whom all or part of the cost of the benefits payable by reason of an employment injury is imputed pursuant to the first paragraph of section 326 or the first or second paragraph of section 328 as well as an employer personally liable for the payment of all or part of the benefits payable by reason of an employment injury also have a right of access free of charge to the record in the possession of the Commission in respect of the injury.

The employer may expressly authorize a person to exercise his right of access.

However, only the health professional designated by the employer has a right of access free of charge to the medical record and the physical rehabilitation record in the possession of the Commission in respect of the employment injury suffered by the worker.

The Commission shall notify the worker that the right provided by this section has been exercised.

1985, c. 6, s. 38; 1992, c. 11, s. 1.

1985-08-19

38. An employer, as well as any person expressly authorized by him for that purpose, has a right of access free of charge to the record kept by the Commission in respect of an employment injury suffered by one of his workers while he was employed by him.

Only the health professional designated by the employer has a right of access free of charge to the medical and physical rehabilitation record kept by the Commission in respect of the employment injury suffered by the worker.

The Commission shall notify the worker that the right contemplated in the first or second paragraph has been exercised and give him the name and address of the health professional designated by the employer.

1985, c. 6, s. 38.