2024-09-08 04:00:00
In what is being described as an “important” judgment and a “first” in Quebec, the Administrative Labour Tribunal has recognized as an occupational injury the fibromyalgia developed by a former Quebec firefighter after a shoulder injury.
Patrick Bisaillon tore the rotator cuff in his left shoulder at work in October 2018. He underwent surgery in December 2020 and, just a month later, he began complaining of diffuse pain throughout his body.
“It’s constant pain and fatigue,” says Mr. Bisaillon, who has to punctuate his days with naps to conserve his energy. “I get on my nerves because I don’t understand myself anymore.” […] “I’m disorganized to the core, it’s terrible. It’s changed everything!”
Patrick Bisaillon has been living with generalized pain since shoulder surgery in December 2020. Photo Stevens LeBlanc
After a series of consultations with specialists, the diagnosis of severe fibromyalgia was confirmed, but the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) refused to recognize this diagnosis as an occupational injury linked to his initial shoulder injury.
“I was told no to everything,” says Mr. Bisaillon. “I no longer had confidence in the CNESST because it was always a battle.”
He then contacted lawyer Marc Bellemare to contest this refusal by the CNESST. It was the testimony of an expert, anesthesiologist Jacques Saint-Pierre, that tipped the balance in favor of the former firefighter.
“Fibromyalgia is a new disease; doctors have been interested in it for about twenty years,” explains Me Bellemare. “And what’s special is that it was considered in connection with a surgery that went wrong.”
Fibromyalgia is a “poorly understood and difficult-to-diagnose condition,” according to the McGill University Health Centre. It is a syndrome “that causes pain, fatigue and cognitive impairment.” It affects about 4% of the population, mostly women.
More unknown
Me Marc Bellemare does not hesitate to describe the judgment as a “first in Quebec”, as does the general director of the Quebec Fibromyalgia Society, Ronald Denis, who even says he is “surprised” by it.
“What I often hear is human distress because many doctors still think that it doesn’t exist and that it’s psychological,” notes Mr. Denis.
For his part, Patrick Bisaillon still does not know what this judgment will concretely change in his condition. He has been unemployed since the diagnosis and hopes to be able to count on some form of compensation quickly.
He also hopes that his journey can pave the way for others like him. “You must not give up. When you are told no, you have to go to court and have doctors on your side,” he says.
“It’s sad, but you have to pay and those who don’t have money can’t. That’s the crux of the problem,” adds the father, one of whose children is autistic. “In the end, I was right, but I wondered for a long time if I was crazy.”
The saga in six dates
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Table of Contents
October 2018: Patrick Bisaillon suffers a torn rotator cuff in his left shoulder at his workplace; December 2020: He has shoulder surgery and, a month later, during a follow-up appointment, complains of generalized pain; September 2021: He is diagnosed with severe fibromyalgia by a rheumatologist; May 2022: The CNESST refuses to recognize the new diagnosis of fibromyalgia as a worsening of the occupational injury; April 2023: An anesthesiologist confirms the link between the shoulder surgery and the development of fibromyalgia based on nine criteria. This expertise will be used during the case before the Administrative Labour Tribunal; August 2024: The Administrative Labour Tribunal concludes that Mr. Bisaillon’s fibromyalgia constitutes a new occupational injury resulting from his shoulder surgery.
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workers’ compensation for quebec (cnesst)
Fibromyalgia and Workers’ Compensation: A Breakthrough in Quebec
In a landmark judgment, the Administrative Labour Tribunal in Quebec has recognized fibromyalgia as an occupational injury, opening the door for workers who have developed the condition as a result of a workplace injury. This ruling has significant implications for workers’ compensation claims and highlights the importance of acknowledging fibromyalgia as a legitimate medical condition.
The Case of Patrick Bisaillon
Patrick Bisaillon, a former Quebec firefighter, developed fibromyalgia after a shoulder injury at work in October 2018. Despite undergoing surgery and complaining of generalized pain, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) refused to recognize fibromyalgia as an occupational injury linked to his initial shoulder injury. Bisaillon contested this refusal with the help of lawyer Marc Bellemare, and an expert anesthesiologist’s testimony ultimately tipped the balance in his favor.
Fibromyalgia: A Poorly Understood Condition
Fibromyalgia is a syndrome that causes pain, fatigue, and cognitive impairment, affecting about 4% of the population, mostly women [[3]]. It is a poorly understood and difficult-to-diagnose condition, with many doctors still believing it to be psychological [[3]]. This lack of understanding has led to human distress and frustration for many sufferers, as they struggle to access adequate medical care and compensation.
Compensability of Fibromyalgia
The recognition of fibromyalgia as an occupational injury is crucial for workers who have developed the condition as a result of a workplace injury. The workers’ compensation system may provide for future care for fibromyalgia, including physical therapy, swimming pool therapy, and other forms of treatment [[2]]. This judgment sets a precedent for future cases, acknowledging that fibromyalgia can be a direct result of a workplace injury.
The Importance of Expert Testimony
The expert testimony of anesthesiologist Jacques Saint-Pierre was instrumental in securing Bisaillon’s case. This highlights the importance of having medical experts who understand the complexities of fibromyalgia and its links to workplace injuries. As lawyer Marc Bellemare explained, “Fibromyalgia is a new disease; doctors have been interested in it for about twenty years… And what’s special is that it was considered in connection with a surgery that went wrong” [[3]].
Conclusion
The Administrative Labour Tribunal’s judgment is a breakthrough for workers who have developed fibromyalgia as a result of a workplace injury. This ruling acknowledges the legitimacy of fibromyalgia as a medical condition and opens the door for workers to access compensation and medical care. As Patrick Bisaillon’s case demonstrates, it is crucial to persist in seeking justice and expert medical testimony to secure recognition of fibromyalgia as an occupational injury. With this judgment, we hope to pave the way for others who have suffered similarly.
References:
Fibromyalgia: A Recognized Occupational Injury in Quebec, Canada
In a landmark judgment, the Administrative Labour Tribunal in Quebec, Canada has recognized fibromyalgia as an occupational injury, marking a significant milestone for workers’ compensation claims. This decision has far-reaching implications for individuals who have developed fibromyalgia as a result of a workplace injury or surgery.
The Case of Patrick Bisaillon
Patrick Bisaillon, a former Quebec firefighter, suffered a torn rotator cuff in his left shoulder in October 2018. He underwent surgery in December 2020 and, just a month later, began experiencing diffuse pain throughout his body. After a series of consultations with specialists, he was diagnosed with severe fibromyalgia. However, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) refused to recognize this diagnosis as an occupational injury linked to his initial shoulder injury.
The Struggle for Recognition
Bisaillon’s case highlights the challenges faced by individuals with fibromyalgia in securing workers’ compensation. Despite his persistent efforts, he was met with resistance from the CNESST, which led him to seek legal representation. With the support of lawyer Marc Bellemare and expert testimony from anesthesiologist Jacques Saint-Pierre, Bisaillon’s case was ultimately successful in convincing the Administrative Labour Tribunal to recognize his fibromyalgia as an occupational injury.
What is Fibromyalgia?
Fibromyalgia is a poorly understood and difficult-to-diagnose condition that affects approximately 4% of the population, mostly women. It is characterized by chronic pain, fatigue, and cognitive impairment. According to the McGill University Health Centre, fibromyalgia is a syndrome that causes widespread pain, extreme fatigue, and cognitive difficulties [[4]].
Workers’ Compensation for Fibromyalgia
The recognition of fibromyalgia as an occupational injury has significant implications for workers’ compensation claims. In Quebec, the CNESST is responsible for providing compensation to workers who have suffered occupational injuries or illnesses. However, as Bisaillon’s case demonstrates, securing recognition for fibromyalgia can be a long and arduous process.
Seeking Legal Representation
Individuals who have developed fibromyalgia as a result of a workplace injury
