A-3.001 - Act respecting industrial accidents and occupational diseases

Section 359 Disposition versions

2023-04-06

359. A person who believes he has been wronged by a decision made following an application under section 358 may, within 60 days of being notified of the decision, contest it before the Tribunal.

If such a contestation concerns a decision cancelling an income replacement indemnity granted by the Commission, the Tribunal may order that the execution of the contested decision be postponed as regards that conclusion and that the effects of the initial decision be maintained for the time it specifies, provided the beneficiary demonstrates that there is an emergency or that he would suffer serious harm were the initial decision of the Commission to cease to have effect.

Moreover, a person may contest before the Tribunal a decision regarding which the person applied for a review if the Commission did not make a decision within 90 days after receiving the application. If the person who applied for the review requested more time to present observations or produce documents, the 90-day time limit runs from the time observations are presented or documents are produced.

The following must be heard and decided by preference:

(1)  a contestation referred to in the second paragraph;

(2)  a contestation brought under this section and concerning the reduction or suspension of an indemnity established under subparagraph e of paragraph 2 of section 142.

The following must be heard and decided as a matter of priority:

(1)  a contestation brought under this section in respect of the existence of an employment injury other than a recurrence, relapse or aggravation, or the fact that the person is a worker or is considered to be a worker;

(2)  a contestation brought under this section and concerning the foreseeable date when the worker’s employment injury will consolidate or the foreseeable time the injury will take to consolidate, or the existence or assessment of the worker’s functional disability.

A decision in respect of a contestation referred to in the fifth paragraph must be rendered within 90 days after the originating pleading is filed and within 60 days after the matter is taken under advisement.

If a decision that is the subject of an application for review is also contested before the Tribunal, the latter shall refer the matter to the Commission for a review decision.

1985, c. 6, s. 359; 1992, c. 11, s. 32; 1997, c. 27, s. 16; 2015, c. 15, s. 114; 2021, c. 27, s. 101.

2016-01-01

359. A person who believes he has been wronged by a decision made following an application under section 358 may, within 45 days of being notified of the decision, contest it before the Tribunal.

If such a contestation concerns a decision cancelling an income replacement indemnity granted by the Commission, the Tribunal may order that the execution of the contested decision be postponed as regards that conclusion and that the effects of the initial decision be maintained for the time it specifies, provided the beneficiary demonstrates that there is an emergency or that he would suffer serious harm were the initial decision of the Commission to cease to have effect.

The following must be heard and decided by preference:

(1)  a contestation referred to in the second paragraph;

(2)  a contestation brought under this section and concerning the reduction or suspension of an indemnity established under subparagraph e of paragraph 2 of section 142.

The following must be heard and decided as a matter of priority:

(1)  a contestation brought under this section in respect of the existence of an employment injury other than a recurrence, relapse or aggravation, or the fact that the person is a worker or is considered to be a worker;

(2)  a contestation brought under this section and concerning the foreseeable date when the worker’s employment injury will consolidate or the foreseeable time the injury will take to consolidate, or the existence or assessment of the worker’s functional disability.

A decision in respect of a contestation referred to in the fourth paragraph must be rendered within 90 days after the originating pleading is filed and within 60 days after the matter is taken under advisement.

1985, c. 6, s. 359; 1992, c. 11, s. 32; 1997, c. 27, s. 16; 2015, c. 15, s. 114.

1998-04-01

359. A person who believes he has been wronged by a decision made following an application under section 358 may, within 45 days of being notified of the decision, contest it before the Commission des lésions professionnelles.

1985, c. 6, s. 359; 1992, c. 11, s. 32; 1997, c. 27, s. 16.

1992-10-01

359. If a person or the Commission believes he or it has been wronged by a decision of a review office following an application made pursuant to section 358, he or it may, within 60 days of notification, bring an appeal before the board of appeal.

In force: 1992-11-01

However, a person may not appeal from a decision referred to in section 176.7.4 of the Act respecting occupational health and safety (chapter S-2.1) or from a decision rendered by the employment injuries prevention and compensation division concerning benefits not exceeding $1 000, unless the contestation concerns the existence of an employment injury or the fact that a person is a worker or is considered a worker.

To determine the value of the matter in dispute, interest accrued, if any, on the date of the review office’s decision shall not be taken into account.

1985, c. 6, s. 359; 1992, c. 11, s. 32.

1985-08-19

359. A person who believes he has been wronged by a decision of a review office following an application made pursuant to section 358 may, within 60 days of notification, bring an appeal before the board of appeal.

1985, c. 6, s. 359.