Posted by: Thixia | July 27, 2008

Law Injustice: MS patient 2 of 3

 

Hi Bonnie,

 

I am Canadian and my story took place in Canada.  The Canadian MS Society, when consulted wrote that they would not intervene legally, with legal advice to do so.  Despite that, I think the medical advice – – that predicted that I was fit and always able to do any type of work –even though I was diagnosed with incurable, unpredictable MS; is absurd.  This could be dangerous and also discrimination in a case of any known, medically diagnosed, incurable, unpredictable, invisible disability.

 

The expert medical opinion of my being fit was testified and given without my receiving a single medical exam, – saying that, in any case MS was impossible to predict. 

 

The Court decision and my employer ignored the testimony and judged me as always fit and able to do any work – causing what I was told was an ‘error in law’ – by not applying the duty to accommodate the needs of a person with MS or just any ordinary clerk – without harm or discrimination . 

 

At least the “medical advice” about MS should be looked into by the MS society for clarification.  They say it is unpredictable.  I have it on expert written medical advice that any medical case of MS should always raise a caution to beware of residual MS symptoms that could cause poor performance. 

 

That advice to the court and my employer was also ignored in the court decision.  I believe that, together with the way I was treated would be considered unreasonable by a reasonable employer anywhere in Canada. 

 

The court decision has not yet circulated widely and should be challenged before it does.  Since MS has no borders and medicine regarding MS is universal, the court decision might affect others with discretionary powers, medically, or in law as to how they might treat those ill with MS in a harmful unreasonable way. 

 

An appeal is too costly for me.  HOWEVER to at least clear up “medical” matters I think something should be done for the public good – before the decision is used as precedent, with the onus on an employee to show, after the fact, that MS was the cause of any sanctioned clerical performance.  With or without a medical exam to do

 

PS; Before I close please remember that this decision on file might affect liability or other types of insurance claims, coverage, or benefits in Canada. 

 

Thanks, 

 

Laurie

 

 

Note from Bonnie,

 

Could this happen to you?  Could this happen to your family members?  Could this happen to your friends?

 

Has this happened to you or someone who you know?

 

Please give me your stories and opinions on this article.  If you have a suggestion, a comment, or a story of your own please email me at: MSBonnie@Sasktel.net

 

 

 

 

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