# 2022-149 Careers, Medical Condition, Medical Employment Limitation

Case summary

F&R Date: 2023-12-13

The grievor challenged the permanent medical category (PCat) and wanted to halt the release process, have a temporary medical category assigned while she recovered, and have a chance to complete her FORCE test after her recovery. The grievor argued that the PCat recommendation and decision were unjustified and hasty, given that the recommendation was made 48 hours after her operation. She mentioned that, despite her condition and operation, she was improving and she should have had time to recover before receiving a PCat. 

The Director, Medical Policy (D Med Pol), as an expert in the field, found that the primary care clinician had properly taken into account the chronic nature of the problem and the likelihood of ongoing limitations after the operation. In addition, the initial authority (IA) mentioned that the limitations and chronic issues were at high risk of causing non-compliance with universality of service and, after a review of the D Med Pol's file, the PCat was founded. The IA indicated that, if the grievor's condition improved, she should follow up with the clinician for reassessment, and that her results would be sent for review. The IA found that the PCat was reasonable, justified and issued in accordance with policies. 

In the decision following the administrative review, the Canadian Armed Forces (CAF) decided that the grievor could continue her service.

The Committee found that, in light of the actions taken by the CAF after the grievor had filed her grievance, there was no need to rule on the issues in dispute, since they had been settled and had become moot. Since the issues of release, PCat assignment and FORCE-test renewal were no longer in dispute, the Committee made no recommendation in that regard.