4/30/2023 0 Comments Tummy tuck medical term![]() The Superior Court of Quebec denied the judicial review and confirmed the arbitrator’s decision on the basis that it was reasonable.Īs the court noted, the arbitrator had based her decision on prior case law, and the decision was well articulated and intelligible. The union sought judicial review of the arbitrator’s decision. The grievance was denied, and the employee was not entitled to the short-term disability benefits she claimed. The collective agreement defined “disability” as a state in which the employee is unable to work due to illness however, not only was there no medical reason for the surgery but the union had recognized that the surgery was not an illness.The disability period was not due to a cause distinct from the surgery or to a post-surgery complication. ![]() From the outset, the doctor had identified the convalescent period as part of the treatment.The question was therefore whether a distinction should be made between the inability to work during the treatment (i.e., the surgery and hospitalization period) and the subsequent period of convalescence at home.Īccording to the arbitrator, no distinction should be made for the following reasons: However, the union claimed that the convalescent period should be distinguished from the surgery itself and since the employee was incapable of working during the post-operative period, she qualified for benefits. Indeed, the union acknowledged that, in accordance with case law, cosmetic surgery is not considered an illness. The union filed a grievance claiming on behalf of the employee the short-term disability benefits she would have received during the convalescent period.Īt the outset of the hearing, the union conceded that it could not claim disability benefits for the initial hospitalization period (the 17 days spent in Cuba) because the surgery was cosmetic in nature and as such, would be excluded from the scope of benefits to be provided. The employee subsequently provided some additional medical information, but the employer continued to refuse payment of benefits primarily on the grounds that cosmetic surgery is not considered a medical treatment or illness. The employer first refused to approve the disability period and pay benefits because of a lack of sufficient medical information. The form she submitted to her employer specified that she would be unable to move or drive a vehicle during the convalescence period. The surgery was to be carried out in Cuba where she would be hospitalized for 17 days, followed by three months of convalescence at home. The surgery in question was an abdominoplasty, more commonly referred to as a tummy tuck. A unionized female employee working in provincial correctional services asked her employer to pre-approve a four-month disability period for scheduled surgery.
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