# 2021-050 Medical and Dental Care, Medical Employment Limitation

Case summary

F&R Date: 2021-07-23

The grievor contested the decision of the Directorate Medical Policy (D Med Pol) to assign him a medical category with a Geographical factor 3 Occupational factor (O)3. He stated that the Canadian Armed Forces Medical Standards Manual provides that an O4 factor is assigned to a member who is unable to perform one or more tasks listed on the Generic Task Statement. The grievor asserted that, as per his Medical Employment Limitations (MEL), he is unable to perform drill and parades for greater than 30 minutes and, as such, he should be assigned the O4 factor.

The Initial Authority denied the grievance stating that as the grievor was medically fit to perform the FORCE test, despite the fact that he was unable to perform drill for longer than 30 minutes, D Med Pol assigned the correct medical category of O3.

The Committee found that the assignment of an O3 factor to the grievor was justified by the MEL assigned. The Committee stated that as the grievor's limitations permit him to perform drill and parades for 30 minutes, although not more, he does not meet the criterion for the assignment of an O4, which only applies when members cannot perform drill for at least 30 minutes.

The Committee recommended to the Final Authority that the grievance be denied.

FA decision summary

The Director Canadian Forces Grievance Authority (DCFGA), as Final Authority, agreed with the Committee's recommendation to deny the grievance. The DCFGA agreed with the Committee that the description of an O4 factor did not reflect the grievor's MEL as he was deemed to be able to perform drill for no more than 30 minutes. She further explained that the Canadian Armed Forces no longer considers the performance of drill to be a bone fide occupation requirement such that the grievor would not have been entitled to a release for medical reason on that basis. The DCFGA found that the grievor was treated fairly and in accordance with applicable rules and policies.