PUBLIC PENSION PLANS - Veterans' pensions and allowances - Disability and survivors' pensions - Appeals and judicial review - Appeal boards and review tribunals

Law360 Canada ( March 24, 2017, 8:51 AM EDT) -- Appeal by a retired RCMP member, MacDonald, from a Federal Court decision affirming refusal of additional retroactive disability benefits. The appellant was an RCMP member between 1973 and 1986. In the course of his service, he suffered various injuries. In 2003, the appellant applied for a disability pension on the basis of chronic back injuries suffered during his service. The claim was dismissed in 2005 due to insufficient medical evidence. In 2009, with the benefit of fresh medical evidence on appeal, the Review Panel awarded the appellant disability benefits for some of his conditions. He was granted three years' retroactivity. The Panel found no grounds to grant the additional two years of retroactivity sought by the appellant and contemplated by s. 39(2) of the Pension Act. In 2014, the Veteran Review and Appeal Board affirmed the decision. The appellant sought judicial review. The Federal Court determined the Board did not err in interpreting s. 39(2) of the Act, and exercised its discretion in refusing additional retroactivity in a reasonable manner. MacDonald appealed....
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