Medical Decisions

Decision Information

Decision Content

 

GENERAL INFORMATION

KEYWORDS

Marine medical certificate, mental health

FILE NO.

MA-0514-28

SECTOR (Marine or Aviation)

Marine

SPECIFIC JOB

Junior engineer

DIAGNOSIS (Primary, Secondary, etc.)

Unspecified Schizophrenia Spectrum

REVIEW

DATE OF DETERMINATION

June 25, 2019

MEMBER

Dr. Peter Seviour

DETERMINATION

Minister’s decision is confirmed.

REASONS FOR THE DETERMINATION

Refusal to issue a marine medical certificate (MMC) — The Tribunal accepts the Minister of Transport’s position that, in accordance with paragraphs 278(5)(a) and 278(5)(b) of the Marine Personnel Regulations (MPRs), the applicant is unfit to hold an MMC, given the safety-sensitive nature of his position (junior engineer), the unpredictable nature of the applicant’s psychotic episodes and their possible association with increased levels of stress inherent in his job. The Minister’s representative provided clear evidence supporting the diagnosis of Unspecified Schizophrenia Spectrum and Other Psychotic Disorders, including the need for the prescription antipsychotic olanzapine. The member has considered the International Labour Organization and International Maritime Organization Guidelines (ILO/IMO Guidelines) as incorporated in subsection 270(1) of the MPRs; namely item F20-31 of the guidelines, which is applicable to the present case, and subsections 270(1) and 278(5) of the MPRs. For these reasons, the Minister’s decision not to issue the applicant an MMC is confirmed by the member.

APPEAL

DATE OF DECISION

 

MEMBERS

 

DECISION

 

REASONS FOR THE DECISION

 

OTHER/COMMENTS

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.