ARTICLE 12 ‑ MEDICAL REVIEW PROCEDURE
12.01 Where the Company Medical Officer makes a declaration regarding the fitness for flight duty of any employee, the employee may initiate the medical review procedure within thirty (30) calendar days of receipt of this declaration by so notifying, in writing, the In‑Flight Service Base Director/Manager of his/her Base.
12.02 MEDICAL REVIEW PROCEDURE
This procedure shall be expedited by all parties to the extent possible.
12.02.01 Step I
12.02.01.01 The employee shall select a qualified medical practitioner to undertake an examination on the same basis as that performed by the Company Medical Officer. The results of this examination shall be submitted in writing to the Company Medical Officer, who will confer with the employee’s medical examiner within thirty (30) days to determine whether or not the results of their respective examinations are conclusive of the issue.
12.02.01.02 Where the two (2) medical examiners are in agreement that these results are conclusive, their decision shall be final and binding and not subject to further review.
12.02.02 Step II
12.02.02.01 Where, in the opinion of either examiner, the results of such examination are inconclusive or conflicting in nature, the employee may request that the two (2) examiners appoint, within thirty (30) days, a disinterested qualified medical specialist at that location to undertake a further examination.
12.02.02.02 In the event a medical specialist cannot be agreed upon by both parties, the College of Physicians will be asked to
recommend one or more medical specialists, sufficient that both the Company Medical Officer and the employee’s medical examiner may reach agreement on the selection of the medical specialist.
12.02.02.03 The medical specialist shall conduct his/her examination in the presence of the Company Medical Officer or the employee’s medical examiner, as requested, and shall furnish a written report on the results of his/her examination to both the Company and the employee.
12.02.02.04 The decision of the medical specialist based on the results of his/her examination shall be conclusive of the issue and not subject to any further review.
12.02.03 The above thirty (30) day limitations are exclusive of statutory holidays and may be extended by mutual agreement in writing.
12.02.04 Expenses: The expenses of the employee’s medical examiner shall be borne by the employee. The expenses of the medical specialist shall be shared equally between the Company and the employee.
12.03 Where an employee originally declared unfit for flight duty by the Company Medical Officer is subsequently declared fit for flight duty under this procedure, the following shall apply:
12.03.01 Reinstatement: S/he shall be reinstated to his/her former position and status with full seniority and service credit.
12.03.02 Compensation: S/he shall receive retroactive compensation based on the amount s/he would have earned had s/he been employed since s/he was initially declared fit for flight duty by the employee’s medical examiner less all remuneration received from any other source.
12.04 Where an employee originally declared unfit for flight duty by the Company Medical Officer is subsequently declared unfit for duty under this procedure, s/he shall be treated as having been unfit for duty since the initial declaration.
12.05 Where an employee originally declared fit for flight duty by the Company Medical Officer is subsequently declared fit for duty under this procedure, s/he shall report for duty immediately thereafter or shall be considered to have resigned.
12.06 Where an employee originally declared fit for flight duty by the Company Medical Officer is subsequently declared unfit for duty under this procedure, s/he shall be treated as having been unfit for duty since the initial declaration.