Author Topic: I need your help to attend a military hockey tournament  (Read 3177 times)

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Offline dapaterson

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Re: I need your help to attend a military hockey tournament
« Reply #25 on: January 05, 2012, 18:43:32 »

The request for Disability Compensation on behalf of xx was reviewed by DCSM.
Based on the information on the file, xx was injured while playing [the sport].  This activity does not fall in the parameters of CBI 210.72(4) - Deemed Class A Service, as [the sport] is not a prescribed activity, as part of an authorized fitness program of the CF Expres or the LFCPFS program.
If this was a Unit activity directed by his Commanding Officer, xx should have been signed in at the time of the injury, which he was not.
Unless further information is made available, this request cannot be approved.

P.S.  I noticed that the term Reserve Disability Compensation has been used.  CANFORGEN 115/08 also officially changed the name from "Compensation for Disability and Death Gratuity - Reserve Force" to "Reserve Force Compensation (RFC) During a Period of Injury, Disease or Illness."   I have to keep reminding unit Adjt's and Adm staff of that change of name ;)

However, had Bloggins properly indicated on his exercise prescription form that he participated in inter-base tiddly-winks, his tiddly-winks injury would have been covered.  In my unit, at least, those forms are completed annually as part fo the DAG, and all soldiers are encouraged to include all exercise and physical activites they participate in.

Of course, were I Bloggins in this case, I would submit a grievance - there's a degree of subjectivity in this, together with an overly legalistic approach by DCSM.  CBI 210.72(4) is there specifically to cover individuals not signed in but conducting fitness on their own time.  "Not signed in" is irrelevant (at least, irrelevant under 210.72(4)).


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Offline Aerobicrunner

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Re: I need your help to attend a military hockey tournament
« Reply #26 on: January 05, 2012, 19:31:27 »
However, had Bloggins properly indicated on his exercise prescription form that he participated in inter-base tiddly-winks, his tiddly-winks injury would have been covered.  In my unit, at least, those forms are completed annually as part fo the DAG, and all soldiers are encouraged to include all exercise and physical activites they participate in.

Of course, were I Bloggins in this case, I would submit a grievance - there's a degree of subjectivity in this, together with an overly legalistic approach by DCSM.  CBI 210.72(4) is there specifically to cover individuals not signed in but conducting fitness on their own time.  "Not signed in" is irrelevant (at least, irrelevant under 210.72(4)).

Oh right, I  neglected to mention that he had both the memo from the unit and his LFCPFS form annotated that he could do the sport.  These were provided with the memo from the Base Commander saying that these are the authorized sports under his command as part of the RFC request. However, as I mentioned, despite several discussions between DCSM (director and others), next level HQ, JPSU rep and others, his compensation was still denied stating that team sports not part of a unit signed in activity are not considered part of the overall authorized and prescribed fitness plan.   So anyway, it is up to him what he does next and will see if anything changes in the future or if anyone else gets into the same situation.

Online PuckChaser

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Re: I need your help to attend a military hockey tournament
« Reply #27 on: January 05, 2012, 20:07:54 »
Oh right, I  neglected to mention that he had both the memo from the unit and his LFCPFS form annotated that he could do the sport.  These were provided with the memo from the Base Commander saying that these are the authorized sports under his command as part of the RFC request. However, as I mentioned, despite several discussions between DCSM (director and others), next level HQ, JPSU rep and others, his compensation was still denied stating that team sports not part of a unit signed in activity are not considered part of the overall authorized and prescribed fitness plan.   So anyway, it is up to him what he does next and will see if anything changes in the future or if anyone else gets into the same situation.

Wonder how that denial of compensation would look on the front page of the Ottawa Citizen. "Soldier denied compensation for injury during authorized sports".

Offline dapaterson

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Re: I need your help to attend a military hockey tournament
« Reply #28 on: January 05, 2012, 20:17:16 »
Oh right, I  neglected to mention that he had both the memo from the unit and his LFCPFS form annotated that he could do the sport.  These were provided with the memo from the Base Commander saying that these are the authorized sports under his command as part of the RFC request. However, as I mentioned, despite several discussions between DCSM (director and others), next level HQ, JPSU rep and others, his compensation was still denied stating that team sports not part of a unit signed in activity are not considered part of the overall authorized and prescribed fitness plan.   So anyway, it is up to him what he does next and will see if anything changes in the future or if anyone else gets into the same situation.

That is alarming.  There has been clear direction from the CDS and many levels below on the importance of fitness; this individual acted on them and followed the directions given to report on what he does to say in shape, and now is being refused coverage?

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http://laws.justice.gc.ca/en/charter/1.html

Offline Pusser

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Re: I need your help to attend a military hockey tournament
« Reply #29 on: January 05, 2012, 23:01:40 »
The case above is what I would consider to be a very grey area, which we as an organization have not yet fully come to grips with.  Notwithstanding CDS direction, I'm think the law of unintended consequences is very much at play here.  I wonder how it would be looked at if the individual concerned were playing in a civilian league (with all appropriate paperwork completed and fully explaining that this activity was part of his exercise prescription)?

On a more generic note, intramural sports teams are "clubs" within the PSP structure and as such are bound by normal club rules which restrict the number of reservists (as well as retirees and/or DND civilians) that can participate.  It's a percentage of the total membership.  Some activities are obviously restricted in the total number of members they can have (e.g. a hockey program will have a maximum number of participants because the amount of ice time available is finite).  The rules also state that regular force members have first crack at the available spots.  If the program can be filled with regular force members, then no reservists can participate.  I give the example of the CFSU(O) hockey leagues.  They are currently restricted to regular force and full time reservists, but there are also waiting lists to get in from the regular and full-time reserve communities.  If the priority applicants have to sit on a waiting list, there is simply no room for the Class A crowd. 

In general, Class A personnel are not prohibited from participating in base clubs and intramural sports activities, but in some cases, they are too far down the pecking order to be allowed to participate simply because the folks higher up in the order fill all the spots.  I suspect that this is what has happened here.
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