# 2017-083 - Class C Reserve Service, Compensation for Disability - Reserve Force

Case Summary

F&R Date: 2017–11–10

The grievor was injured while on Class (Cl) C Reserve Service in a special duty area (SDA). Treatment for his injuries continued well after his return to Canada, and after the expiration of his Cl C service. The grievor's Cl C service was not extended.

After the fact, a Reserve Force Compensation (RFC) claim was approved for the grievor. This RFC claim was ceased effective the date that the grievor commenced full-time civilian employment notwithstanding that the grievor continued to obtain medical treatment and was on a temporary medical category after the date the RFC claim was ceased.

The grievor argued that his Cl C service ought to have been extended in accordance with Compensation and Benefits Instruction (CBI) 210.72(13), rather than receiving RFC pursuant to CBI 210.72(2). He requested an extension of his Cl C service until the date his medical category was removed.

The Initial Authority, the Acting Director General Compensation and Benefits, rejected the grievance base on timeliness.

The Committee found that since the grievor was injured while in a SDA, his situation was governed by CBI 210.72(13), and that the Director Casualty Support Management had incorrectly applied the provision in issuing RFC. The Committee also determined that the grievor's Cl C service ought to have been extended.

The Committee then reviewed the factors outlined at CBI 210.72(13) to determine when the grievor's extension of Cl C service should cease. The Committee found that the service would not have been ceased upon the commencement of his civilian employment because it was not the “civilian employment held prior to going on Special Duty Area” as stipulated in the CBI regulation. In fact, the grievor had been serving Cl B service prior to his SDA duty. The Committee concluded that the Cl C service extension should cease when the grievor was deemed medically fit (i.e. his medical category was removed).

The Committee observed that if the grievor's situation had been properly managed, and his commanding officer more suitably engaged, the grievor could have been compensated appropriately at the time rather than having to undergo what he described as financial hardship. The Committee supported and reiterated the recommendation made by the Office of the Ombudsman for the Department of National Defence and the Canadian Armed Forces, to improve the knowledge of compensation options for ill and injured Reservists.

The Committee recommended that the grievor's Cl C service be extended until the date that he was deemed medically fit (less any RFC or reserve pay received during that time).

FA Decision Summary

FA Decision Pending