PENSIONS |
King v. Canada (Attorney General)
T-1530-98
Pelletier J.
11/2/00
18 pp.
Application for judicial review of decision of Veterans Review and Appeal Board dated May 8, 1998 affirming decision of Assessment panel--Pension Commission implementing recommendations of Director of Pensions Medical Advisory Directorate without prior notice to applicant--Court exercising discretion to extend time for bringing of application for judicial review up to July 24, 1998, date of notice of application--Board's failure to increase assessments in light of further medical evidence basis of application for judicial review--Veterans Affairs Canada Table of Disabilities with respect to assessment of lumbar spine providing descriptions of various degrees of disability--Under Pension Act s. 35(2), Table of Disabilities provided for guidance of physicians, surgeons to promote uniform standard for assessment--Physicians, surgeons not mere cataloguers of indicia of disability for Board--Board's narrow definition of role of physicians, surgeons in assessment process unacceptable--Board cannot reject physician's assessment of disability without providing meaningful reasons as to why it is doing so--Not apparent how Board came to conclusion as to degree of disability--Failure to give reasons for decisions error of law justifying Court's intervention--Reasons herein consisting of statement of conclusions reached but did not show how conclusion reached--No principle which would require Board to disregard evidence accumulated in claimant's file over period of time--Court could not simply direct Board to give effect to Dr. Li's evidence--Usual remedy to refer matter back for rehearing by differently constituted Assessment Appeal Panel--Under Pension Act, s. 85, Minister entitled to reconsider decision if asked to do so by Board--Minister having independent right to review decisions, to correct errors found in decisions--Exercise of Minister's discretion to review issue of applicant's entitlement in interests of justice --Order setting aside Appeal Board decision dated May 8, 1998, remitting matter to it--Board ordered to refer matter to Minister for reconsideration under Act, s. 85--Pension Act, R.S.C., 1985, c. P-6, ss. 35(2), 85.