Appeals: Confirmed Referee Decisions : #143 - May 18, 2004

D E C I S I O N

CLAIM NO. 6542

The Claimant has requested a review by a Referee of the decision of the Administrator, dated June 27, 2002, denying her claim under the Transfused HCV Plan as a Primarily Infected Person. Both Fund Counsel and the Claimant have waived a hearing to review the denial of the claim.

The documentation in the Claims file and the submissions of the Claimant indicate that the Claimant says she received blood transfusions at the Peace Arch District Hospital in March, 1979, following delivery of a child. The Claimant also indicates that she received blood transfusions on only one occasion. A Traceback procedure was initiated, under the Claimant’s present and former names. No transfusion record from Peace Arch Hospital is available, according to the Transfusion Summary. The Claimant indicates that her records from the admission to that Hospital in 1979 cannot be located.

Two units of blood were cross matched for the Claimant at St. Vincent’s Hospital in April 1982 but were never given.

In order to meet the criteria for compensation according to the terms of the 1986-1990 Hepatitis C Settlement Agreement, the claimant must show that she had a transfusion of blood between January 1, 1986 and July 1, 1990 (the “Class Period”).

On review of the submissions of the Claimant, the submissions of Fund Counsel, the response of the Claimant dated January 17 2003, and the claims file provided to me, there is no evidence that the Claimant received a blood transfusion during the class period. Indeed, the evidence is that the only transfusions she received were outside the class period. The Administrator is bound by the terms of the Plan, as is a Referee, and there is no discretion to ignore the terms of the Plan. As the Claimant did not receive a transfusion in the Class Period, the decision of the Administrator that she is not entitled to compensation under the Transfused HCV Plan is upheld.

Based on the submissions of the Claimant, she seems to be concerned about establishing that she did in fact have transfusions in 1979. The role of a Referee is to review the decision of the Administrator that the Claimant did not receive transfusions in the Class Period, and it is beyond the scope of that review in this case to make a determination whether or not the Claimant received a transfusion in 1979.

Dated at Vancouver, British Columbia, this 18th day of May, 2004

Robin Harper

Referee