# 2014-138 - Compensation for Disability - Reserve Force

Case Summary

F&R Date: 2015–05–20

The grievor suffered an injury while on Class B Reserve Service for her occupational training. After seeking medical attention, she received temporary Medical Employment Limitations (MEL) which permitted her to successfully complete her training and return to her unit, where she resumed normal part-time activities. She applied for benefits under Compensation and Benefits Instructions (CBI) 210.72 - Reserve Force - Compensation During A Period Of Injury, Disease Or Illness, but her request was denied by the Director Casualty Support Management (DCSM).

There was no Initial Authority decision.

In reviewing the DCSM's decision and the opinion of the Director Medical Policy (D Med Pol), the Committee determined that there was no doubt that the grievor's injury was attributable to military service. The Committee noted that, under CBI 210.72, before a period of compensation can be authorized, the injury must have incapacitated the CAF member sufficiently that they are, for a period of time, unable to continue the Reserve service that they are on or to pursue civilian employment or studies. The Committee considered this requirement and determined that the grievor had not been incapacitated by the injury to the point of not being able to work.

The Committee found that the grievor's injury and the medical treatment she received did not prevent her from continuing to serve. Therefore, she was not eligible for compensation under CBI 210.72.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–09–16

The CDS agreed with the Committee's findings and recommendation to deny the grievance.