Workplace stress ruling favours diabetic Mountie
Man claims service history aggravated his condition
An ex-Mountie’s quest for a disability pension as a result of diabetes-related complications will be reconsidered after the Federal Court overturned a ruling that found his conditions were not related to his job.
Brian Roach, who was with the RCMP from 1980 to 2012, has been seeking this compensation from Veterans Affairs. He claims elements of his job — such as being posted in a remote location in northern Manitoba where no physicians were available and doing stressful assignments requiring long hours that prevented a healthy diet — aggravated his diabetes.
Roach’s initial application for disability compensation was made to Veterans Affairs, which handles such matters, in 2010. He was awarded benefits related to tinnitus and post-traumatic stress disorder, but not for diabetes complications.
Roach’s continued efforts pushed it to the Veterans Review and Appeal Board in June of last year, where it was found his hardships related to diabetes could not be blamed on his job.
On Aug. 9 this year, the Federal Court overturned that decision, sending the case back to the board for reconsideration.
Michael MacNeil, a law professor specializing in labour issues at Carleton University, said this case could cause police forces and other employers to give more consideration to workers’ health conditions before handing them certain assignments.
“What this decision clearly indicates is that if you are in a situation that is likely to make it very difficult for you to manage a medical condition, which then contributes to its aggravation, then you would want to think twice about sending somebody to that kind of a posting,” he said.
According to court’s summary of the case, Roach was diagnosed with Type 1 diabetes in 1992, requiring him to take insulin and carefully manage his blood-sugar levels through diet, physical activity and stress management.
The records show Roach’s inability to take such measures, over the years, resulted in him being afflicted with diabetic neuropathy, a form of nerve damage.
The RCMP would not comment on this specific case but said in a statement: “Regular members who require insulin for adequate treatment of their diabetes never have a medically isolated posting in Canada imposed on them; the member must volunteer. Unless exceptional circumstances exist, insulin-dependent diabetics are considered medically unsuitable for such postings.”