PENSIONS |
Powell v. Canada (Minister of Human Resources Development)
A-472-98
Desjardins J.A.
23/6/00
9 pp.
Application for judicial review of decision by Pension Appeals Board applicant did not suffer from disability both severe, prolonged as required by Canada Pension Plan, s. 42(2)(a)--Applicant working as sales clerk at Canex store at CFB Esquimalt from July 1993 to date of accident on December 19, 1993--Suffered displaced fracture of tibial plateau of left knee when stepped off raised area in darkness --Underwent open reduction of fracture with screws inserted into tibia below knee joint--Application for disability pension under Plan denied--In order to qualify for disability benefits under Plan, applicant must satisfy two requirements: (1) must meet minimum contributory requirements by having made valid contributions to Plan for minimum qualifying period and (2) must be disabled within meaning of Plan when meets minimum contributing requirements--Applicant claiming Board, while embarked on s. 42(2)(a) analysis, ignored "material before it"--Board's finding with regard to applicant's ability to return to work similar to what she was doing not confirmed by medical evidence--Board not addressing most recent diagnosis of reflex sympathetic dystrophy (RSD)--Board's decision cannot stand, patently unreasonable--Application allowed--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 42 (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 12; S.C. 1992, c. 1, s. 23; 1996, c. 11, s. 95(b); 1997, c. 40, s. 68).