# 2023-049 Medical and Dental Care, Medical Employment Limitation, Medical Treatment

Case summary

F&R Date: 2025-04-22

The grievor challenged the administration of his Medical Employment Limitation (MEL) and associated Permanent Medical Category (PCat) by the Director Medical Policy, arguing that the assessment was not fair because it did not recognize his most recent progress.

The Initial Authority, the Surgeon General, found that the unique operational stressors of the military environment, and the risk, potential severity, and required level of care associated with possible recurrence of the grievor's symptoms required the permanent MEL which had been assigned.

The Committee's role is not to replace medical experts but to ensure that the MEL was assigned according to policy and aligned with the medical evidence. In Bouchard v Canada (Attorney General), 2014 FC 1231, the Federal Court recognized the unique expertise of military physicians in assessing how medical conditions affect a member's deployability and compliance with the Universality of Service principle. MELs must reflect a personalized assessment of the member's condition, not just a general diagnosis. Accordingly, the Committee reviewed whether the MEL was supported by such an individualized evaluation, consistent with policy, and coherent with the medical file

The Committee found, based on medical evidence, that the grievor's MEL and PCat were assigned and administered according to policy and recommended that the Final Authority not afford the grievor redress.