# 2019-083 Medical and Dental Care, Summary investigation

Case summary

F&R Date: 2019-11-25

The grievor was injured while conducting civilian parachute jumps, which he claimed were required to maintain qualifications to perform his duties as a Search and Rescue technician. The investigating officer and the grievor's commanding officer found that the grievor's injuries were attributable to military service, but on review of the Summary Investigation, the Vice Chief of the Defence Staff (VCDS) ruled that the injuries were not attributable to his military service. The grievor sought to have the VCDS’ decision overturned.

The Committee found that the Canadian Armed Forces (CAF) had authorized, organized and paid for the grievor initially to obtain his civilian jump qualifications. Although the maintenance of the qualifications had not been specifically authorized, the

CAF had made use of the grievor's qualifications such that the grievor believed there was an expectation for him to maintain currency. The Committee found that he was fulfilling this expectation when he was injured and recommended that his injuries be attributed to the grievor's military service.

FA decision summary

The Chief of the Defence Staff (CDS), as Final Authority, agreed with the Committee's recommendation to uphold the grievance and find that the grievor's injury was attributable to military service. The CDS found that the grievor was maintaining the civilian instructor qualifications that he needed to perform his duty as a Search and Rescue technician despite being on his personal time. The CDS stated that he was concerned by the unregulated manner in which the jumps were performed and found that those jumps should have been approved and coordinated through the chain of command. He found that the grievor's injury was attributable to military service. The CDS stated that he provided direction in February 2017 "to ensure the chain of evidence between military service and off duty activities is well understood and properly documented." He tasked the Chief of Military Personnel to consider occupations with similar requirements for related potentially dangerous civilian recreational certifications and indicated that a refresh of CAF policy in this matter was required. The CDS also directed the Commander of the Royal Canadian Air Force to review the practice of employing and benefiting from Search and Rescue Technician qualifications obtained outside of the official military curriculum and confirm that procedures are in place to ensure that the training required to maintain such qualifications is properly identified and authorized as required.