Table of contents

Who is this document intended for? ____________________ 5

Mission and role of the BEM __________________________ 6

Concerning your notice to report to the BEM ___________ 8

Health care professionals and medical opinion of the BEM _________________________ 10

How to reach the BEM and the other organizations that can help you _______________________ 15

Your comments _____________________________________ 17

Initialisms and acronyms used ________________________ 18

In this publication,the masculine gender refers to both women and men.

The electronic version of this document is available on the web site of the Ministère du Travail at the following address: www.travail.gouv.qc.ca.

Legal deposit – 2010Bibliothèque nationale du QuébecBibliothèque nationale du CanadaISBN : 978-2-550-59891-6

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Who is this document intended for?

This document is intended for workers whose file has been submitted to the Bureau d’évaluation médicale (BEM). While endeavouring to address their concerns, this document seeks to provide useful information on what the BEM is, its mission and the place it holds in the compensation process.

Two other government organizations also participate in the compensation process: the Commission de la santé et de la sécurité du travail (CSST) and the Commission des lésions professionnelles (CLP).

This document contains four sections,each dealing with a specific theme: notice to report, mission and role of the BEM, the members and medical opinion of the BEM, and the contact information to reach the resources that can help you.

This document is presented in the form of questions and answers. While most fall under the jurisdiction of the BEM, some which express the concerns of workers call on other organizations. References to the competent organizations are provided in the answers to these questions.

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Mission and role of the BEM

What is the BEM?The BEM is an organization under the responsibility of the Minister of Labour and is mandated to apply the medical evaluation mechanism stipulated in the Act respecting industrial accidents and occupational diseases. This Act deals with questions related to compensation for employment injuries and the consequences they entail for workers.

The role of the BEM consists of issuing an opinion on the medical subjects1 listed in the Act in the event of a difference of opinions between the worker’s attending physician and the physician designated by the employer or the physician designated by the CSST or when the CSST requests such an opinion.

Is the BEM part of the CSST?No. The BEM is not part of the CSST. It falls under the responsibility of the Minister of Labour.

Why does the BEM fall under the responsibility of the Minister of Labour?

Because the legislator wanted to ensure that this organization is able to exercise its duties in a neutral and impartial manner. Consequently, the BEM is independent from the CSST and the CLP.

1. This question is dealt with at greater length in the section dealing with the health care professionals and medical opinion of the BEM.

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These characteristics of neutrality and impartiality are essential to enable the health care professionals2 of the BEM to their opinion with integrity.

What are the values of the BEM?In order to offer medical evaluations that are in keeping with current scientific knowledge, the BEM relies on the professionalism and expertise of its health care professionals. The quality of the relations between these professionals and the workers is a major concern for the organization.

To maintain a high level of professionalism and expertise, the BEM relies on continuing education. The training activities offered to the personnel and health care professionals of the BEM enable them to develop, enhance and update both their knowledge and their skills.

At the same time, the BEM promotes an attitude of respect in the human relations between workers and health care professionals of the BEM, as well as with its personnel.

Neutrality, impartiality, competence and respect are fundamental values of the BEM.

Who are the clients and the other persons/ organizations involved with the BEM?

The clients and the other persons/organizations involved with the BEM include the worker, his attending physician, the CSST, the employer, the health care professionals of the BEM and the physician designated by the CSST or the employer.

2. In administrative jargon, the health care professionals of the BEM are referred to as members of the BEM. Consequently, it is important not to confuse them with any other health care professional, be it your attending physician, a health care professional designated by the CSST or the employer, or any other professional working in the health care network.

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Concerning your notice to report to the BEM

You have received a letter informing you that you are to report for a medical examination.This letter contains, among other things, the time and place of your appointment as well as the name of the health care professional of the BEM who will carry out your medical examination.

Why have you been asked to report to the BEM?Two situations may result in your being asked to report so that a health care professional of the BEM can issue a neutral and impartial medical opinion concerning your file:• because the medical opinion of your attending physician differs

from that of the physician designated by your employer or by the CSST;

• because the CSST has asked the BEM to issue such a medical opinion.

How important is it to report for the examination?It is essential that you report for your medical examination so that the member of the BEM can make a complete, neutral and impartial medical evaluation.

The CSST could apply administrative sanctions if you fail to report for the BEM medical evaluation.

Which health care professional of the BEM is responsible for your file and why was he designated?

The health care professional of the BEM designated to handle your file is the one whose medical specialty and expertise best correspond to your health problem.

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Which expenses associated with your medical examination may be reimbursed by the CSST?

Certain expenses such as travel, meal and accommodation expenses may be eligible. On this subject, please contact the officer responsible for your file at the CSST. You will have to make the necessary arrangements with this individual before reporting for the medical examination and applying for a reimbursement of the expenses in question.

Reimbursement application forms are available at the offices of the BEM. An electronic version is available in the “forms” section of the CSST at the following address: www.csst.qc.ca.

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Health care professionals and medical opinion of the BEM

In this section, you will find information on the health care professionals of the BEM, notably their background, their role, the criteria allowing them to be on the list of members3 of the BEM, the authorities for which they can continue making medical evaluations,and the medical opinion of the BEM.

Who are the health care professionals of the BEM?They are competent health care professionals recognized in their field. They possess an expertise related to the various work-related pathologies and must adhere to their professional code of conduct.

What is the role of the health care professionals of the BEM?

They must issue medical opinions concerning the files for which they have been designated.

Who designates the health care professional of the BEM to handle a file?

The director of the BEM consults the list of members of the BEM to designate, on behalf of the Minister of Labour, the health care professional who will handle a worker’s file.

3. The list of members of the BEM includes all of the health care professionals who have agreed to act as BEM members.

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In certain cases, the health care professional of the BEM is not authorized to examine the worker, notably:• if the worker is one of his patients;• if the professional has already examined the worker at the

emergency ward of a hospital or a medical clinic.

What subjects may the medical opinion of the health care professional of the BEM deal with?

The medical opinion issued by the health care professional may deal with the following subjects:• the diagnosis; • the date of consolidation; • the treatments; • the permanent impairment; • the functional disabilities.

How much time does the BEM have to issue its medical opinion?

The health care professional has 30 days from the time when he is assigned the file to issue his opinion.

Who will receive a copy of the medical opinion of the BEM?

Once completed, the medical opinion will be sent: • to you; • to your attending physician in the event that the matter was

contested; • to the CSST; • to your employer; • to the physician designated by the employer or by the CSST.

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What is the effect of the medical opinion issued by the health care professional of the BEM?

The medical opinion of the health care professional of the BEM is binding on the CSST. In other words, the CSST must make a decision that complies with the medical opinion issued by this professional.

Who may contest this decision?Only you and your employer have the power to contest the decision of the CSST before the CLP.

To obtain information on the process for contesting a decision, please contact the officer in charge of your file at the CSST.

May I be accompanied at the time of my meeting with the health care professional of the BEM?

The health care professional of the BEM may or may not agree to allow another person to accompany you at the time of the interview. It is up to him to decide whether the presence of a third party may adversely impact his professional independence, the protection of professional secrecy or your ability to address certain subjects.

May I record the interview?It is not recommended that you record the interview. The professional of the BEM could dictate his observations and his conclusions as the interview progresses, after having provided you with the necessary explanations.

What should I expect at the time of my interview with the health care professional of the BEM?

When the interview begins, you will be informed notably about the purpose of the meeting, the means required to carry it out, and the recipients of the medical opinion.

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In order to create a climate of trust, the health care professional of the BEM must respect your integrity, your dignity and your privacy. It is not up to this professional to suggest answers to you. He must also refrain from any behaviour characterized by indifference, exasperation, silence or coldness.

He must also avoid sudden movements that could needlessly exacerbate sensitivities and refrain from requiring movements that exceed the pain threshold.

The health care professionals of the BEM adhere to the guide published by the Collège des médecins du Québec concerning medico-legal assessments. For more information, please refer to part 3 of La médecine d’expertise. Guide d’exercice du Collège des médecins du Québec which you will find at the following address: www.cmq.org.

What is meant by the consolidation of a work-related injury?

The consolidation of a work-related injury may refer to two possibilities: • the date when your injury is healed; • or the time when your injury is stabilized, namely the moment

from which no further improvement in your state of health is fore- seeable;

The consolidation does not imply the absence of pain at the site of the injury or the absence of sequelae.

Can the health care professionals of the BEM perform medical examinations on behalf of other organizations?

Yes. The health care professionals of the BEM may, in addition to engaging in private practice, continue to perform medical examinations, notably on behalf of the Société de l’assurance automobile du Québec (SAAQ), Crime Victims Compensation (IVAC), and the Régie des rentes du Québec (RRQ).

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They must, however, cease carrying out evaluations on behalf of employers, unions and the CSST.

Who draws up the list of members of the BEM?The Conseil consultatif du travail et de la main-d’œuvre (CCTM) has been mandated to submit, on an annual basis, the list of members of the BEM to the Minister of Labour.

The CCTM is a parity organization, i.e. it is made up of represen- tatives of employers and unions.

How is the list of members of the BEM drawn up?When drawing up the list of members of the BEM, the CCTM takes into account the needs that must be met in certain medical specialties and the regions where these specialists are required.

What are the criteria for a health care professional to be entered on the list of members of the BEM?

To be entered or re-entered on the list of members of the BEM, health care professionals must meet strict criteria, including: • be recommended by their professional association; • have recognized experience in their specialty;• stop making evaluations on behalf of workers, employers, unions

and the CSST;• agree to take any training session that the BEM deems necessary

or useful;• be unanimously approved by the CCTM when the latter is called

upon to decide on their application for entry or re-entry.

For more information on this subject, please consult the web site of the CCTM at: www.cctm.gouv.qc.ca.

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How to reach the BEM and the other organizations that can help you?

This section provides information on the various government organizations that you may need to contact when seeking compensation.

Do you have questions about the BEM or about your notice to report?You can reach the BEM:

In Montréal :by mail:Bureau d’évaluation médicale35, rue de Port-Royal Est, 1er étageMontréal (Québec) H3L 3T1

by e-mail: BEMM@travail.gouv.qc.ca

by phone:514 873-1923or1 877 873-1923 (toll free)

by fax: 514 873-1622

In Québec :by mail:Bureau d’évaluation médicale200, chemin Sainte-Foy, 5e étageQuébec (Québec) G1R 5S1

by e-mail:BEMQ@travail.gouv.qc.ca

by phone: 418 643-5899or1 877 643-5899 (sans frais)

by fax: 418 646-9799

You can consult the web section of the BEM on the web site of the Ministère du Travail at the following address: www.travail.gouv.qc.ca.

A pamphlet is also available. You can request a copy at the reception of the BEM.

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Do you have questions concerning the CSST?You can contact the officer in charge of your file at the CSST.

You can also get in touch with Customer Services at your CSST regional office. You will find the addresses and telephone numbers of the regional offices of this organization by consulting: • the section on the Government of Québec in the blue pages of

your regional telephone directory; • the pamphlet describing this organization; • the organization’s web site at: www.csst.qc.ca.

Do you have questions concerning the CLP?You can contact the regional office of the CLP in your area. You will find the addresses and telephone numbers of the regional offices of this organization by consulting: • the section on the Government of Québec in the blue pages of

your regional telephone directory; • the pamphlet describing the organization; • the organization’s web site at: www.clp.gouv.qc.ca.

Do you have questions concerning the CCTM?You can contact the CCTM :

by mail: Conseil consultatif du travail et de la main-d’œuvre 500, boul. René-Lévesque Ouest, bur. 9.400 Montréal (Québec) H2Z 1W7by e-mail: cctm@cctm.gouv.qc.caby phone: 514 873-2880by fax: 514 873-1129web site address: www.cctm.gouv.qc.ca

For other questions concerning the compensation process, please get in touch with the officer in charge of your file at the CSST.

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Your comments

We hope that this document will have helped: • to explain what the BEM is, its mission and its place in the

compensation process; • to address your concerns; • to provide you with useful and practical information.

We invite you to complete the evaluation sheet that you were given when you arrived at the office of the BEM. You can leave this duly completed sheet at the reception or return it to us by mail. Thank you for your cooperation in this matter. You may rest assured that your comments will be treated confidentially.

Do you have any concerns not addressed in this document? If so, feel free to inform us of your questions by mail or e-mail by using the contact information of the BEM offices in Montréal and Québec appearing in the previous section.

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Initialisms and acronyms used

BEM ____ Bureau d’évaluation médicaleCCTM __ Conseil consultatif du travail et de la main-d’œuvreCLP _____ Commission des lésions professionnellesCSST ___ Commission de la santé et de la sécurité du travailIVAC ____ Crime victims compensationLATMP __ Act respecting industrial accidents and occupational diseasesRAMQ __ Régie de l’assurance maladie du QuébecSAAQ ___ Société de l’assurance automobile du Québec