# 2013-099 - Medical Employment Limitation (MEL), Medical Treatment, Release - Medical, Transition Assistance Program

Case Summary

F&R Date: 2014–10–17

Due to his medical condition, the grievor was assigned a Canadian Forces Health Services (CF H Svcs) Nurse Case Manager to assist him with his transition from the Canadian Armed Forces (CAF) to civilian life. In accordance with the National Case Management Program, put in place to address situations where CAF members require help and support to make a proper transition from the military to civilian life, the grievor was placed on the Case Management caseload and a Case Management Action Plan was opened.

He was subsequently assigned permanent medical employment limitations (MELs) by the Director Medical Policy (D Med Pol), which triggered an Administrative Review of his MELs (AR/MEL). The AR/MEL recommendation was that he be released for medical reasons.

In March 2011, the Minister of National Defence announced that a new Career Transition Support Policy to provide care for Severely Injured or Ill Members would soon be in place. The grievor immediately requested that a Complex Care Transition assessment of his situation be completed to determine his eligibility. The assigned Nurse Case Manager completed her assessment and prepared a final report in which she stated that the Clinical Health Care Team had concluded that the grievor did not require further assistance to transition to civilian life.

Following receipt of the AR/MEL decision, the grievor submitted his grievance, contending that he did not receive appropriate transitional support and that the assessment of his transition needs, completed by the Nurse Case Manager, was incomplete and biased. As remedy, he requested a review of his MELs by a medical team external to the CAF as well as an ex gratia payment equivalent to three years of salary.

The Commander CF H Svcs, acting as the Initial Authority, denied the grievance after consulting with the D Med Pol, the subject matter expert for the CAF in medical matters. The D Med Pol reviewed the grievor's medical file and the case management assessment file and found that the assessment report was complete and that there was no evidence of bias present in the process.

The Committee carefully examined the CAF case management assessment process and the role and responsibilities of the Nurse Case Manager as stipulated in the guiding policies and found no evidence of bias in the report. The Committee was satisfied that the report was complete and that the Case Management action plan accurately depicted the various transitional support actions undertaken on behalf of the grievor. Based on a review of all of the medical reports and case notes, the Committee found that the CAF and the CF H Svcs provided an appropriate level of transitional support to the grievor during his medical release from the CAF. The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–04–10

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.