210.72 - Compensation for Disability - Reserve Force
210.72(1) (Definition) The definitions in this paragraph apply in this instruction:
active participation
means that the member can or has returned to paid Reserve service, inclusive of Vocational Rehabilitation, that is outside the scope of the medical treatment plan perscribed for the period of injury, disease or illness identified at paragraph (2) to this instruction.
attributable to military service
means the injury, disease or illness must have arisen out of or be directly connected with military service. This meaning shall also be used when considering the aggravation of an existing injury, disease or illness.
Example
(A) While most injuries that occur while on duty are attributable to military service, the one does not necessarily follow the other. For instance, if a member was injured while on duty as a direct result of improper conduct, it should not be considered attributable to military service:
Disobedience of a lawful command
Negligent operation of personal or CF equipment
Brawling
Substance abuse.
(B) On the other hand, an injury might occur while not on duty but the circumstances make it attributable. For instance, if a member suffered an injury, disease or illness while not on duty but as a result of the dangerous condition of military quarters, it could be considered attributable to service. Other examples include:
Fire
Gallery explosion
Gas leak
Slippery walk ways at CF facilities (e.g., ice on walkways, grease on cafeteria floor)
Structural failure (e.g., faulty wooden steps, ceiling)
General safety violations (stacked filing cabnets, chairs, tables, etc.)
210.72(2) (Entitlement) Subject to paragraphs (7), (8), (9) and (10), an officer or non-commissioned member of the Reserve Force who, while on Class A, B or C Reserve Service, suffers any injury, disease or illness which is attributable to military service and this injury, disease or illness continues beyond the period of service during which it occured, is entitled:
while the member remains in hospital, an amount equivalent to the rate of pay established for the member's rank for the class of Reserve Service the member was serving at the time the member suffered the injury, disease or illness; and
while the member continues to receive treatment but does not remain in hospital, to compensatin as provided in subparagraph (a) and, where applicable, an amount equivalent to Separation Expense at the rate determined in CBI 209.997 (Separation Expense), except that the amount equivalent to Separation Expense is not payable for any period during which the member actually resides with their family.
for such period as the Minister may decide, but that period shal not extend beyond the date of release or the date on which treatment for the injury, disease, or illness is completed, thus enabling the member to resume active participation with the Reserve Force or to resume the occupation the member held at the time the injury, disease or illness occured or to seek civilian employment, whichever occurs first.
210.72(3) (Injury, Disease or Illness not attributable to military service) Subject to paragraphs (7), (8), (9) and (10), an officer or non-commissioned member of the Reserve Force who, while on Class A, B or C Reserve Service, suffers any injury, diesease or illness not attributable to military service and not as a result of the member's misconduct or imprudence, is entitled:
until the termination of the member's period of service or until the date the member is returned home, whichever first occurs, to pay and allowances, payable by the employing unit, at the rates and under the conditions prescribed for the member's rank in the CBI; and
after the termination of the member's period of service and while the member's condition does not permit the member to be sent home, and where quarters and rations are not provided, to an amount equivalent to the applicable rate of Separation Expense established in CBI 209.997 (Separation Expense).
210.72(4) (Deemed Class A Service) Subject to paragraphs (7), (8), (9) and (10), an officer or non-commissioned member of the Reserve Force who suffers any injury, disease or illness while participating in a Commanding Officer approved CF Exercise Prescription (Expres), or Land Forces Command Physical Fitness Standard (LFCPFS) prescribed activity, as part of an authorized fitness program, is deemed to be on Class A Reserve Service for the sole purpose of compensation under this instruction.
210.72(5) (Pay Advance) Subject to paragraph (7) and to the prior approval of the officer commanding the command, an officer or non-commissioned member of the Reserve Force may, on the recommendation of the commanding officer, be provided with an immediate advance up to a limit of one month's pay each month.
210.72(6) (Recovery of advance) Any payment or advance made under paragraph (5) shall be recovered in whole or in part if the Minister decides that the compensation during the period of injury, disease or illness is not warranted or is warranted for such lesser period as the Minister deems appropriate.
210.72(7) (Limit) No payment of compensation during a period of injury, disease or illness shall be made under paragraph (5) for any period in excess of three months without the prior approval of the Minister.
210.72(8) (Cessation of compensation) Compensation during a period of injury, disease or illness is not payable nor shall any relatd advance be made from the date the officer or non-commissioned member:
is released from the Canadian Forces; or
refuses to accept reasonably prescribed medical treatment.
210.72(9) (Treatment Complete) Compensation during a period of injury, disease, or illness is no longer payable effective the date on which treatment for the injury, disease or illness is complete and it is determined by a competent medical authority that the officer or non-commissioned member is capable of:
resuming active participation in the Reserve Force;
resuming the occupation the member held at the time the injury, disease or illness occurred; or
seeking gainful civilian employment if the member was not so employed at the time the injury, disease or illness occurred.
210.72(10) (Full-time student) When the officer or non-commissioned member is a full-time student who, while receiving treatment as an out-patient, has resumed attendance at an educational institution, no payment of compensation during a period of injury, disease or illness or related advance shall be made for the period of attendance at the institution without the prior approval of the Minister. Subject to paragraphs (8) and (9), compensation for the student will be considered:
when there is a loss of income from part-time employment (for example, loss of pay from scheduled unit parade nights, week-end training and part-time civilian employment that the member would have reasonably pursued while going to school); or
when additional and reasonable expenses are incurred by the member to attend the educational institution or place where the medical treatment is given (for example, extra traveling expenses from their residence to their school or place of treatment or cost of extra lessons to catch up).
210.72(11) (Limitations) For the purpose of the restriction imposed by CBI 204.516 (Limitation of Pay), the period of treatment under paragraph (2) or (3) does not count as days of training.
210.72(12) (Return to Work Program) Compensation during a period of injury, disease or illness for any officer or non-commissioned member to whom this instruction applies, shall be reduced by the amount of the income earned from participation in the CF Return to Work program (ADM(HR-MIL) Instruction 05/03) as part of a medical treatment plan as prescribed by a competent medical authority.
210.72(13) (Special Duty Area / Special Duty Operation) Subject to paragraph (8), where an officer or non-commissioned member is serving on a period of Class C service in an Special Duty Area (SDA) / Special Duty Operation (SDO) and suffers an injury, disease or illness while on that service, an extension of that service may be authorized, in three month increments to a maximum of twenty-four months, or until such time as the member:
is declared medically fit by competent medical authority;
resumes active participation in the Reserve Force;
resumes civilian employment held prior to going on Special Duty Area (SDA) / Special Duty Operation (SDO); or
who was a full-time student prior to deployment, is able to resume attendance at an educational institution.
210.72(14) (Government Employees Compensation Act) Where an officer or non-commissioned member is in receipt of compensation benefits for an injury, disease or illness under the Government Employees Compensation Act, compensation during a period of injury, disease or illness under this instruction shall not be granted for the same injury, disease or illness.
