# 2018-044 Releases, Medical Condition, Medical Employment Limitation, Period of Retention

Case summary

F&R Date: 2019-09-16

The grievor was prescribed Medical Employment Limitations (MEL), assigned a Permanent Medical Category (PCAT) that did not meet Universality of Service requirements, and granted a three year period of retention. The grievor complained that his assigned MEL and PCAT no longer reflected his current state of health, that the Base Surgeon (BSurg) should not have denied his request for another review of his file by the Director of Medical Policy (D Med Pol), and that he should not be medically released. As redress, the grievor sought to have the D Med Pol review his medical file and to have his release date lifted.

The Initial Authority rejected the grievance, finding that the grievance was submitted beyond the required time limit to grieve the original MEL and PCAT decision.

The Committee first found that the grievor was disputing the denial, by the BSurg, of his request for a D Med Pol review. In that regard, the Committee found that as the medical subject matter expert at the base level, the BSurg, was the appropriate level to determine whether the grievor's updated medical information warranted submission to D Med Pol for reconsideration of his PCAT and MEL. The Committee then asked D Med Pol, as the subject matter expert for the Canadian Armed Forces, to review the grievor's medical documentation to ensure that the BSurg's decision was reasonable. The D Med Pol review confirmed the BSurg opinion that grievor's PCAT and MEL should remain unchanged. On that basis, the Committee found that the grievor's medical file assessment was reasonable and in accordance with policy and recommended that redress not be granted.