# 2019-241 Medical and Dental Care, Medical Employment Limitation, Release - Medical

Case summary

F&R Date: 2020-09-18

The grievor argued that he should have been assigned a Permanent Medical Category (PCat), claiming that his condition and his medical employment limitations were in breach of the Universality of Service, which should allow for his release from the Canadian Armed Forces (CAF). As redress, the grievor requested to be assigned a PCat and granted a medical release.

There was no Initial Authority decision on file but a synopsis had been prepared by the Canadian Forces Health Services Group, recommending that the redress in this grievance be denied. It was assessed that a PCat was not the most appropriate course of action while a long-term prognosis was being made.

The Committee determined that the grievor was treated reasonably and appropriately by not being assigned a PCat, since there was a possibility that he could continue serving in the CAF despite his medical condition.

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 relied on Director Medical Policy review stating that she found no reason to doubt their opinion that the grievor's condition was still fluctuating. She found no evidence that the grievor's situation had stabilized or was not expected to improve. In response to the grievor's requests, the DCFGA found that his request for a Permanent Medical Category (PCat) was premature and noted that a 3(b) medical release requires a separate process, if a PCat is assigned in the future. The DCFGA also replied that, in accordance with Chief Military Personnel Instruction 20/04, Primary Reservist such as the grievor must be medically fit for Reserve Force employment and that there was no obligation to employ him beyond the end date of the statement of understanding ending in 2022. The DCFGA stated that it was at the employing authority's discretion to consider accommodations or continued employment.