Law360 Canada ( February 1, 2018, 4:47 PM EST) -- Appeal from a judgment of the Quebec Court of Appeal affirming a decision allowing an application for judicial review of a decision of the Commission des lésions professionnelles (CLP) and remitting the matter for reconsideration. Caron worked as a special educator at Centre Miriam, a centre for persons with intellectual disabilities, where he suffered a workplace injury in 2004. Centre Miriam ended Caron’s temporary assignment when the process of transferring persons in its care, which Caron helped with, was completed in 2007. It also decided that, given his disability, Caron could not return to his pre-injury position as an educator, and indicated that it had no suitable employment for Caron. The Commission de la santé et de la sécurité du travail (CSST) informed Caron that, given the fact that there was no suitable employment with Centre Miriam, it would pursue the rehabilitation process and solutions elsewhere. Caron argued that this decision was premature and that his rehabilitation process with Centre Miriam should continue in order to ensure implementation of the protections against discrimination in the Charter of Human Rights and Freedoms (Quebec Charter), including the employer’s duty to accommodate. The CLP dismissed Caron’s appeal. It concluded that the statutory benefits in the legislation represented the full extent of an employer’s duty to accommodate and that additional accommodation measures could not be imposed on an employer. It also concluded that Caron’s right to return to work had expired. On judicial review, the Quebec Superior Court set aside the CLP decision and directed that the case be reconsidered in accordance with the employer’s duty to accommodate under the Quebec Charter. The Quebec Court of Appeal agreed that the legislation should be interpreted and applied in accordance with the provisions of the Quebec Charter, including the employer’s duty to accommodate....