PENSIONS |
Cochran v. Canada (Attorney General)
A-493-02
2003 FCA 343, Linden J.A.
18/9/03
5 pp.
Judicial review of Pension Appeals Board decision, applicant not entitled to disability pension under Canada Pension Plan (Plan), as unable to prove disability severe and prolonged, as required by Plan--Applicant employed as fish validator and required to board fishing boats in order to inspect catch--While doing so, fell and suffered injuries to lower spine and left sacroiliac areas--Claim for disability pension denied and appeal to Review Tribunal also dismissed--On evidence before it, Board dismissed appeal, as unable to determine at time whether applicant's pain would be either severe or prolonged after Dr. Yin's treatment concluded--In examining evidence introduced, Board made two errors--First, focus of majority reasons on health of applicant at date of hearing, rather than minimum qualifying date (December 31, 1996)--Current health of applicant relevant, but main question condition of applicant on December 31, 1996, which majority does not expressly address--Second, Board appears to have ignored significant evidence that would shed light on applicant's condition on December 31, 1996--In medical report dated December 10, 1997, date nearer to minimum qualifying period than those of Dr. Yin, Dr. Nemanishen, her family doctor, wrote applicant "will likely be permanently disabled for heavy work"--S econd letter by Dr. Nemanishen stated "Helga is unable to perform any type of work on regular basis"--Another letter stated that "she continues to be unable to work in any profession"--While there was hope Dr. Yin's treatment might relieve her problem, too soon to say whether it had as of date of hearing--Board did quote from several reports of Dr. Yin, in particular his report dated July 14, 2001 to effect that "she would be able to perform sedentary job classification requirements on part-time basis, provided that she is able to change positions frequently"--Not inconsistent with earlier reports it did not refer to--Judicial review allowed.