# 2012-132 Pay and Benefits, Class C Reserve Service, Compensation for Disability - Reserve Force, Medical Condition, Medical Treatment, Pension Entitlements, Reserve Force

Case Summary

F&R Date: 2013–02–06

The grievor was denied a retroactive extension of Class “C” Reserve Service (Cl C svc) for an injury that he suffered while on Special Duty Service. The injury reoccurred shortly after the grievor commenced a subsequent period of Cl B svc. However, the grievor sought the retroactive extension of his Cl C svc on the basis that he was not, in fact, fit for duty on completion of his Special Duty Service.

The Initial Authority, the Chief of Military Personnel, denied the grievance concluding that the grievor was not eligible for an extension of Cl C svc because, immediately following completion of his Special Duty Service, he had accepted an offer of Cl B svc and resumed his active participation in the Primary Reserve.

At the Board's request, the Director Medical Policy (D Med Pol) reviewed the grievor's medical file and confirmed that the grievor had been appropriately treated while on Special Duty Service and that the issue appeared to be resolved by the end of that service. The D Med Pol also indicated that the resurgence of the condition could not be interpreted to mean that the grievor was not medically fit at the end of his Special Duty Service or at the start of his subsequent Cl B svc.

The Board acknowledged that the grievor was injured during his Special Duty Service, and again during his Cl B svc, but agreed with the IA and the D Med Pol that he was considered fit at the end of his Special Duty Service, before he commenced the period of Cl B svc. Accordingly, the Board agreed with the IA and found no basis on which the grievor's Cl C Svc could be extended.

The Board also found that, since the grievor was re-injured during his Cl B Svc, he was in receipt of the appropriate rate of disability benefit.

The Board recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2013–04–30

The FA agreed with the Board's findings and recommendation that the grievance be denied.