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Appeals : Arbitrator
Decisions : #131 - March 24, 2004
D E C I S I O N
Hepatitis C Claim No. 4777
Review of Decision of the Plan Administrator
and Arbitration Award
1. On October 16, 2003, the Plan Administrator denied an
application by this Claimant for compensation under the 1986-1990
Hepatitis C Settlement Agreement.
2. Claimant #4777 requested that an arbitrator review that
decision and included with the Request for Review copies of
hospital records and letters from his doctor.
3. During a telephone hearing on March 15, 2004, the claimant
acknowledged the following:
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a) The claimant's physician completed the
Treating Physician Form on November 17, 2000. In answer
to Question 1 of Section F of, the physician stated that
the Claimant received Blood transfusions outside the period
January 1, 1986 to July 1, 1990. Moreover, in answer to
Question 2 which asks, "Having regard to the definition
of Blood, did the Primary-Infected Hemophiliac (or person
with Thalassemia Major) receive or take Blood (or a Blood
transfusion) in the period January 1, 1986 to July 1,
1990?" the physician answered "No." |
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b) In a letter dated July 31, 2003, the Claimant stated
that "the Health Sciences Centre has no record of
me getting any Blood Products from the time of Jan 1st
1986 to July 1st 1990." |
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c) The Claimant had no other information that he received
Blood or a Blood transfusion during the Class Period as
defined in both the 1986-1990 Hepatitis C Settlement Agreement
and the Transfused HCV Plan. |
4. Article 3.01 of the Plan requires a claimant to provide
the Administrator with records "demonstrating that the
claimant received a Blood transfusion during the Class Period."
5. Claimant #4777 has not produced, and acknowledges that
he cannot produce, evidence that he received a Blood transfusion
during the defined period.
6. The terms of the Settlement Agreement are clear in recognizing
only those claims that relate to persons who received Blood
transfusions during the defined period of January 1, 1986
to July 1, 1990.
7. The decision of the Administrator to deny this claim is
upheld.
Dated at Winnipeg, Manitoba this 24th day of March, 2004.
Harvey L. Secter
Arbitrator
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