Appeals : Confirmed
Referee Decisions : #70 - December 2, 2002
D E C I S I O N
This was a review of a decision by the Administrator not
to include the Claimant in the class.
At the hearing, the Administrator produced a number of records
all of which indicated that no blood was transfused to the
Claimant, that he received only albumin 25% and that there
is no evidence of any blood transfusion. At the hearing, the
Claimant said that his doctor had told him that he had been
transfused at a surgery that took place during the period.
The hearing was adjourned to hear from his doctor.
His doctor, who had retired, was eventually tracked down
and wrote early in 2002 that he recalled the operation and
that he has access to his records for ten years and they indicate
that he did not receive blood, only albumin.
He goes on to explain that in his discharge summary he did
mention that the Claimant had been given minimal blood transfusion
but he said he did not mention blood transfusion in his OR
report which he always does and states the amount given.
He went on to say that the hospital records would verify
from the anesthetist's report whether any blood had been given.
It is my view that no blood had been given, only albumin
25%. I have reached this conclusion both from the hospital
records and from the letter from the operating physician,
Dr. John Wyatt. Secondly, albumin is specifically excluded
from the definition of blood transfusion.
For all the above reasons, the position of the Administrator
is upheld.
DATED at Toronto, this 2nd day of December, 2002.
_"G. Charney"________________________
Gerald J. Charney, Referee
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