Appeals : Confirmed Referee Decisions : #26 - October 29th, 2001

D E C I S I O N

1. On March 19, 2001 the Administrator denied this claim for compensation under the Transfused HCV Plan.

2. The Claimant requested that the Administrator's denial of his claim be reviewed by a referee.

3. Neither of the parties requested an oral hearing and the Claimant declined several invitations to supply additional written submissions.

4. The referee reviewed the material in the claimant's file from the 86-90 Hepatitis C Claims Centre.

5. The relevant facts can be summarized as follows:

(a) The Claimant is infected with Hepatitis C.

(b) In the Claimant Information Form, the Claimant states that he received blood transfusions three times in his lifetime. These were in 1996, 1997 and 1998.

(c) The Claimant Information Form acknowledges that the Claimant did not receive any blood transfusions in Canada during the period January 1, 1986 to July 1, 1990.

(d) The Treating Physician Form, signed on August 20, 2000, confirms that the Claimant did not receive a blood transfusion in the period January 1, 1986 to July 1, 1990.

(e) The Administrator denied the claim on the basis that the Claimant had not provided sufficient evidence that he had received blood within the Class Period.

6. The 1986-1990 Hepatitis C Settlement Agreement defines the "Class Period" as the period "from and including 1 January 1986 to and including 1 July 1990." The same definition of "Class Period" is found in the Transfused HCV Plan.

7. Article 3.01 of the Plan requires a Claimant to provide the Administrator with with records "Demonstrating that the claimant received a Blood transfusion in Canada during the Class Period."

8. The Claimant has not produced evidence that he received a blood transfusion during the defined period. In this case, the forms completed by both the Claimant and his physician state that the claimant did not receive any blood transfusions in Canada between January 1, 1986 and July 1, 1990.

9. Under the Settlement Agreement, the role of the Administrator is to administer the Transfused HCV Plan in accordance with its terms. Neither the Administrator nor an arbitrator/referee has the authority to vary the terms of the Plan.

10. The Settlement Agreement is clear in stating that it is designed to recognize only claims that relate to persons who received blood transfusions during the defined period of January 1, 1986 to July 1, 1990.

11. The decision of the Administrator to deny this claim upheld.

Dated at Winnipeg, Manitoba, this 29th day of October, 2001.

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Harvey L. Secter