# 2021-013 Medical and Dental Care, Medical employment limitation, Release - Medical

Case summary

F&R Date: 2021-09-28

The grievor challenged the decision made by the Director of Medical Policy regarding the classification of her injury. The grievor argued that the majority of her medical employment limitations (MEL) no longer applied since she was able to complete the restricted tasks without any major issue, adding that she would be able to complete a FORCE test successfully. According to the grievor, her physician was willing to modify her MEL once the COVID-19 restrictions allowed her to complete the FORCE Test. As redress, the grievor requested that her injury be reassessed and her MEL adjusted to reflect her improved condition.  

The Commander of the Canadian Forces Health Services Group, acting as the Initial Authority (IA), rejected the grievance because it was submitted beyond the required time limits and the reasons submitted by the grievor for the delay were deemed not satisfactory. The IA also indicated that the decision to release the grievor, following the Administrative Review (AR)/MEL process, would need to be addressed by the Director Military Career Administration (DMCA).  

The Committee found, through input received from the grievor's current physician, that the grievor’s previous physician was willing to reassess the grievor's ability to attempt the FORCE test later and was not willing to adjust the grievor's MEL. The Committee noted that the grievor's current physician confirmed that the grievor's MEL was still valid based on her current condition. The Committee also reviewed the AR/MEL process and the decision by DMCA to release the grievor under item 3(b) of the table to Queen's Regulations and Orders for the Canadian Forces 15.01. The Committee found it was conducted in accordance with the applicable polices, resulting in the grievor being offered a three-year period of retention. The Committee also noted that the grievor's medical category could be reviewed given new medical information became available prior to her release date.  

The Committee recommended that the Final Authority deny the grievor redress.