# 2019-148 Medical and Dental Care, Release, Summary Investigation

Case summary

F&R Date: 2020-09-01

The grievor argued that an injury he sustained while on duty was attributable to his military service.

The authority to render the decision on the Summary Investigation (SI) was delegated from the Chief of Defence Staff to the Assistant Deputy Minister (Review Services) (ADM (RS)). The grievance concerns that decision. Therefore, an Initial Authority was not appointed in accordance with the Queen's Regulations and Orders for the Canadian Forces, Chapter 7, Section 2 - Initial Authority in Respect of a Grievance, article 7.13 (Application).

The Committee found that the grievor likely suffered an injury at the beginning of his training. The Committee also found that this served as an aggravation to his pre-existing injury and was attributable to his military service.

The Committee recommended that the Final Authority afford the grievor redress by directing that the SI report and the ADM (RS) approval be amended to reflect that the grievor's injury occurred at the beginning of his training and the injury was attributable to his military service.

FA decision summary

The Acting Chief of the Defence Staff (CDS), as Final Authority, agreed with the Committee's recommendation to uphold the grievance. The CDS found that the grievor suffered an injury that exacerbated an existing hearing issue as a result of a military activity. He directed that the SI report be amended to state that the grievor's injury was attributable to his military service. The CDS also found that there was no indication of any medical employment limitation in breach of the principle of Universality of Service. Therefore, he found that there was no justification to change the grievor's release item to a 3(b) - for medical reason.