In a recent ruling, the Tribunal administratif du travail (the “TAT”) [1] recognized that intensive use of a cell phone while teleworking can result in a compensable occupational injury. Yes, you read that correctly.
The facts
A virtual assistant, whose duties mainly consisted of communicating with customers by text message for several hours a day, developed tendonitis in her right wrist and a partial tear of the ligament near her little finger.
After an initial refusal by the CNESST to recognize the alleged injury, the TAT upheld her claim. Why?
The decision
The TAT applied the presumption of occupational disease to the tendonitis, concluding that the assistant’s tasks involved repetitive movements over prolonged periods.
As for the ligament injury, the TAT found that the medical evidence established that it was related to the specific risks of the job, particularly the posture of the wrist and the repeated micro-movements associated with cell phone use…
