CAA Medical Appeals

[eason67]

I have recently challenged the CAA regarding their appeals process.

The CAA now have to change their appeals process. They were challenged in law regarding the fact that they would not allow pilots appealing the right to attend the hearing.

You now have the right to attend these hearings. To not allow you to attend is against the laws of natural justice.

I believe his has implications for previous pilots who have had unsuccessful appeals.

[Fostex]

Interesting, but does this help the pilot much other than offering them additional visibility of the process. Surely a medical appeal is always a case of your medical expert / consultant arguing your case against the CAA AMS?

I've always wondered in the case of a medical appeal just how much documentation there is of the decision making process by the CAA and why they uphold your appeal. Presumably your work might help with that as well?

Whatever the case, thank you!

[outofwhack]

Shouldnt you be appealing the fact that the appeal process is internal to the CAA and therefore biased.

Why dont you take some legal advice on where you could get the decision overidden by external review.

When you find out let me know

[Chris Opperman]

In my experience the presence of the appellant actually tends to work against him because it tends to stifle proper discussion. Sometimes the panel of doctors need to freely air their thoughts without the "in-the-back-of-the-mind" warning signal that words uttered may be wrongly interpreted by the lay person listening. This free speech condition actually stimulates proper debating of the case at hand.
Having the appellant's own aviation medical doctor present tends to clear many of the problems that could have influenced the decision. Most appellants tend to force an emotional plea into the proceedings, whereas the panel only needs to evaluate the evidence at hand. Therefor; have your doctor in the meeting.

I am all for a legal representative being present to force the panel into making objective and legally sound decisions, since few doctors really consider the effect of the legal process, because they are not trained to think along legal lines.

[eason67]

Appeal

If you'd seen the transcript I got hold of you would probably think otherwise.
It documented one of the most unprofessional meetings I have ever seen or read about.
That the UK CAA medical team for you.