TATC/medical appeal

[scot]

Hello folks,
I might be clutching at straws here, but perhaps someone will come through with something that will make a difference.
Recently got medically suspended, in all categories, and as it stands it looks to be a permanent suspension.
I have applied to TATC (Transportation Appeal Tribunal of Canada) for a Review of this case (step 1), and if need be I will go to an Appeal (step 2). No date set yet.

Although in black and white by the wording of the CARS, it could be said that TC is "correct", I feel that I'm getting an unfair deal.

If anyone has any experiences with TATC, particularly on medical matters, or good advice in general for how this process works, I'd appreciate hearing from you.
PM's welcome.
Thanks! Stay healthy out there!
Scot

[Colonel Sanders]

Let's say TC is planning to bring 2 doctors to testify as expert
witnesses at your hearing that it would be dangerous and foolish
for you to ever be aviating, ever again. You should know this
from the disclosure that you asked for (and got) from the Tribunal.

Those 2 doctors will have resumes longer than John Holme's
member, and wil be personal friends of the "member" hearing
the review. It's a small world. You will see them chatting and
laughing heartily together, before and after your hearing.

You need to bring at least 4 doctors, with resumes longer than
TC's 2 doctors, whom are willing to testify that TC's doctors
are full of male bovine excrement. Good luck on finding those
4 doctors, whom are willing to burn 2 of their buddies for you.

Regardless of the merits of the case, the "member" will rule
against you, with his buddies at TC, and you can appeal.

in black and white by the wording of the CARS, it could be said that TC is "correct"

You are so hosed.

I feel that I'm getting an unfair deal

Oh, the stories I could tell you. TC isn't in the business
of being "fair".

[scot]

Thanks for the reply, Colonel Sanders.
You are probably fairly accurate in your summary.
I'm not getting my hopes up too high for a positive outcome.
But a fellow can't be totally grounded without at least some sort of squeak of protest....
Actually, it could be a good summer to take up paragliding again, come to think of it.
cheers,
Scot

[Prairie Chicken]

Well, it looks like you don't have many options--the TATC may be your best hope. They do follow the letter of the regulation or standard though so if, as you say, it's black & white, I wouldn't be too hopeful. Also, bear in mind that if the TATC did find in your favor, they could only refer the matter back to the Minister for another assessment. It's not like the punitive hearings where they can overturn the Minister's decision.

What sort of licence are you talking about? Have you explored alternatives such as a medical restriction, such as "As or with co-pilot"?

[scot]

Thanks for the input Prairie Chicken.
I have an ATPL. Even if I could retain a PPL I'd see that as some sort of success.
I will approach the Regional Aviation Medical Officer again with some sort of suggestions for a restricted medical, etc.
So far he hasn't come across as being too accommodating, but I can appreciate that he's a busy man. Perhaps now the dust has settled somewhat, I can make a better case to him.

[Tuk U]

are you able to provide some clues to us as to the issue for the suspension? like what is it concerning? your eyes, your heart, and I'm truly sensitive and empathetic to your situation, but you may be able to help others tackle your type of problem in a proactive manner, is this something around medication or did the Doc just discover this at random. Please take no offense to my questions

[TeePeeCreeper]

Check your PM's

[Bede]

Scot,

Sorry about your ordeal. If you feel their is merit to their case, but you haven't been treated fairly, you can argue "denial of natural justice". Natural justice is a doctrine in administrative law that says you need to be treated fairly. All the best.

[scot]

Thanks for the responses, both here and PM's. Some useful information and help has been offered.

Tuk U; I don't particularly want to get into the details of my case here.
However, the one piece of advice that I'd throw out to any up and coming pilots getting into the industry, is to make sure to get your sleep. Easier said than done sometimes.
Cheers.

[scot]

Just an update on this.

I went to a Tribunal Review last summer. The resultant determination, which came out recently, is for Transport Canada to reconsider the suspension.
I feel that I got a fair hearing in the Review, and have no quibbles with the analysis.

Thanks to anyone who has helped out along the way, you know who you are!

[Beefitarian]

That sounds real good. I hope you get healthy and flying again.

Have you ever tried TaiChi, it's not for everyone but some people find it really helps them sleep better.

[azimuthaviation]

Couldnt you get an FAA medical and pilot license?

[TeePeeCreeper]

Just an update on this.

I went to a Tribunal Review last summer. The resultant determination, which came out recently, is for Transport Canada to reconsider the suspension.
I feel that I got a fair hearing in the Review, and have no quibbles with the analysis.

Thanks to anyone who has helped out along the way, you know who you are!

That's fantastic news Scot!
Keep your chin-up, you'll get though this!!!

All the best,
TPC

[spaner]

Funny that I missed this the first time around.

I just went through the same thing. I read into your problem.

I never argued with any ruling or decision. Just go through the process. It takes a LONG time to even get to see someone of importance.

Last week I got the cat1 in the mail.

[scot]

Congrats Spaner! Must have felt good to receive that in the mail.

Staying healthy as a pilot; it's a very interesting topic.
I might start a new post about that sometime down the line. Not today though. (There's laundry to do, dinner to cook, life to be led. Time to get away from the darned computer...)

Funnily enough, I would say (without trying to be boastful) that I was one of the healthier guys at the company I used to work for. Not overweight, regular exercise, healthy sort of outdoorsy guy.
A week of high stress and sleep deprivation ended in me getting on the wrong end of a psychiatrist's diagnosis. (that's my case in a nutshell).
18 months on, I'm certainly not missing the pilot lifestyle. As in, working as a pilot.

So, maybe this is something of a cautionary tale (especially for some of you young punks thinking of getting into flying as a career.) It doesn't take a whole lot for your medical to be yanked from you. One rough week can be enough.

[flatface]

Deleted

[Sasquash]

been on a CPAC machine for years. Not very romantic, but really does work!!

[spaner]

You hit it right on the head scot.


TOO much stress.

[monkey]

Just came across this thread. I've been through a similar experience and agree it is very frustrating to be otherwise healthy but not able to work. If your an ALPA member you have access to top American doctors in their specialty which can aid in getting your medical back. Also the biggest thing that helped me was going to a doctor that was a little less rigorous / more knowledgeable of aviation medicine.

[spaner]

Yea, you're right,

I probly want to work again.

PM loud and clear. So, you can't tell the truth...