Archive > Vigil for Veterans - 13h30 Nov 8th 2012 Parliament Hill

Vigil for Veterans - Thursday, November 8th, Parliament Hill, 1330 hours.

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CVA_Posting:
SITUATION REPORT – ResF Injury Declaration to HRSDC

BACKGROUND
Since 1993 ResF mbr are entitled to Workers Board Compensation. The process of declaring ResF injuries in relation to service has been established in

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.

Unfortunately CO’s and MO’s have not declared ResF injuries in accordance to the GECA. For CO’s they have 3 days and MO’s 14 days to declare the injury.

A CANFORGEN and D Surg Gen Message was published in Feb 2012 after a long battle with the CF. Unfortunately, CO’s and MO’s are not complying with these directives, yet the GECA and provincial workers Board Compensation laws.


SITUATION
CVA met with M.P. Sylvain Chicoine and M.P. Christine Moore. Christine is a former CF Nurse. Various strategies were looked at in order to force the CF in complying with provincial laws, CANFORGEN and D Surg Gen Message. One avenue will be to introduce a bill to force the CF to comply with the law. Other avenues, will be discussed later on, once all avenues are looked in and the more successful avenue will be pursued, which does not exclude the federal court.

I urge all still serving mbrs of the ResF and retired ones o contact the CVA veteran_advocate@canadianveteransadvocacy.com in order to pursue the declaration one by one of those inured via different means if the CF wont comply with the law.

UNCLAS
1243-2 (D MED POL)

01  07  092057Z  FEB  12  RR          UUUU DSG 01/12


CF H SVCS GP HQ//D SURG GEN//
AIG 13475
ZEN/CF H SVCS GP HQ OT//D H SVCS DEL/R AND D// ZEN/CF H SVCS GP HQ OT//D MED POL/DFHP// ZEN/CF H SVCS GP HQ OT//CFMSCWO/NPL// ZEN/CF H SVCS GP HQ OT//SSO SURG GEN// ZEN/NDHQ COMD RCAF OT//COMD RCAF SURG// ZEN/NDHQ COMD CDN ARMY OT//CDN ARMY SURG// ZEN/NDHQ COMD RCN OT//RCN SURG// UNCLASDSG 01/12SIC PPC

SUBJ:ILL AND INJURED RESERVISTS ENTITLEMENT TO BENEFITS UNDER GOVERNMENT EMPLOYEES COMPENSATION ACT
REFS: A.CANFORGEN 024/12 CMP 012/12 021414Z FEB 12         
B.CBI 210.72 - RESERVE FORCE COMPENSATION (RFC) DURING A PERIOD OF INJURY, DISEASE OR ILLNESS         
C.GOVERNMENT EMPLOYEES COMPENSATION ACT (GECA)

THE AIM OF THIS MESSAGE IS TO PROVIDE HEALTH SERVICES PROVIDERS WITH INFORMATION IN ORDER TO BETTER SUPPORT OUR RESERVE FORCE MEMBERS WHO BECOME ILL ILL OR INJURED AS A CONSEQUENCE OF THEIR MILITARY SERVICE. RECENTLY PUBLISHED REF A CLARIFIES RELATED RESERVIST CO S OBLIGATION
 
RESERVE FORCE MEMBERS WHO BECOME ILL OR INJURED AS A CONSEQUENCE OF MILITARY DUTY ARE ENTITLED TO RESERVE FORCE COMPENSATION (RFC) AS PER REF B. THEY MAY ALSO OBTAIN COMPENSATION BENEFITS THROUGH THE GOVERNMENT EMPLOYEES COMPENSATION ACT (GECA) VIA THE PROVINCIALLY ADMINISTERED PROGRAMS.
 
THE GOVERNMENT EMPLOYEES COMPENSATION ACT (GECA) PROVIDES BENEFITS FOR ALL EMPLOYEES OF THE FEDERAL GOVERNMENT EXCEPT MEMBERS OF THE REGULAR FORCE OF THE CF AND THE ROYAL CANADIAN MOUNTED POLICE. THE OBJECTIVE OF GECA IS TO PROVIDE COMPENSATION FOR LOSS OF EARNINGS, MEDICAL CARE, OR OTHER RELATED BENEFITS TO FEDERAL EMPLOYEES, INCLUDING RESERVISTS, WHO ARE INJURED OR BECOME ILL AS A RESULT OF THEIR EMPLOYMENT. GECA IS ADMINISTERED IN CONJUNCTION WITH PROVINCIAL WORKERS COMPENSATION PROGRAMS AND THE BENEFITS ARE PROVIDED AT THE SAME RATE AND UNDER THE SAME CONDITIONS AS THE PROVINCIAL WORKERS COMPENSATION LAWS
 
GECA REQUESTS THAT COMMANDING OFFICERS REPORT ALL SERVICE-RELATED ILLNESSES OR INJURIES REQUIRING MEDICAL ATTENTION SUSTAINED BY THEIR RESERVE FORCE PERSONNEL WITHIN 3 DAYS. THE CO IS ALSO RESPONSIBLE FOR ENSURING THAT INFORMATION CONCERNING REFS A AND B IS PROVIDED TO ALL ILL OR INJURED RESERVISTS SO THAT AN INFORMED DECISION MAY BE MADE WITH REGARDS TO THEIR COMPENSATION. RESERVISTS RECEIVING GECA COMPENSATION BENEFITS CANNOT ALSO BE COMPENSATED UNDER RFC FOR THE SAME ILLNESS OR INJURY
 
RESERVE FORCE MEMBERS WITH A SERVICE-RELATED INJURY MAY ALSO QUALIFY FOR BENEFITS FROM VETERANS AFFAIRS CANADA (VAC). IF THE RESERVE FORCE MEMBER IS IN RECEIPT OF BENEFITS AS A RESULT OF THE SERVICE-RELATED ILLNESS OR INJURY FROM A SOURCE SUCH AS GECA, THE AMOUNT OF THE COMPENSATION-RELATED BENEFITS THEY MAY BE ENTITLED TO FROM VAC FOR THE SAME INJURY OR ILLNESS WILL BE REDUCED
 
AS CLINICIANS TAKING CARE OF RESERVE FORCE MEMBERS WITH SERVICE RELATED ILLNESS OR INJURY, WE HAVE A DUTY TO BE AWARE OF THESE ENTITLEMENTS AND COMPLETE THE APPROPRIATE SUPPORTING MEDICAL DOCUMENTATION IN ORDER FOR OUR RESERVISTS TO BE ABLE TO SUBMIT THEIR CLAIM
 
IT IS YOUR RESPONSIBILITY TO BECOME FAMILIAR WITH THE ABOVE REFERENCES AND YOUR PROVINCIAL REQUIREMENTS WITH RESPECT TO THE REQUIRED MEDICAL DOCUMENTATION FOR THESE MEMBERS
 
FOR ADDITIONAL INFORMATION, PLEASE CONTACT D MED POL / SSO PRIMARY CARE OR NATIONAL PROGRAM MANAGER - CASE MANAGEMENT
 
THIS MESSAGE IS TO BE GIVEN THE WIDEST POSSIBLE DISTRIBUTION
 
SIGNED BY COL JJRS BERNIER, D SURG GEN


CANFORGEN 024/12 CMP 012/12 021414Z FEB 12
RESERVE FORCE - COMPENSATION DURING A PERIOD OF INJURY, DISEASE OR ILLNESS
PROTECTED A
REFS: A. CBI 210. 72 - RESERVE FORCE COMPENSATION (RFC) DURING A PERIOD OF INJURY, DISEASE OR ILLNESS

B. GOVERNMENT EMPLOYEES COMPENSATION ACT (GECA)

C. DAOD 5018-2 – REPORT OF INJURIES AND EXPOSURE TO TOXIC SUBSTANCES
1.   THE PURPOSE OF THIS CANFORGEN IS TO REMIND ALL COMMANDING OFFICERS (CO) OF THEIR OBLIGATIONS TO ADHERE TO ALL REPORTING REQUIREMENTS AND TO INFORM ALL INJURED OR ILL RESERVISTS OF THE ENTITLEMENTS AVAILABLE TO THEM WHEN THEY EXPERIENCE AN INJURY, DISEASE OR ILLNESS RELATED TO THEIR MILITARY SERVICE
2.   REF A AUTHORIZES COMPENSATION TO CLASS A, B OR C RESERVISTS WHO SUFFER AN INJURY, DISEASE OR ILLNESS THAT IS ATTRIBUTABLE TO MILITARY SERVICE WHEN THE INJURY CONTINUES BEYOND THE PERIOD OF SERVICE IN WHICH IT OCCURRED
3.   IN ORDER TO APPLY FOR COMPENSATION UNDER REF A, THE CO MUST ENSURE THAT FORM DND 2398 IS COMPLETED AND FORWARDED TO THE DIRECTOR CASUALTY SUPPORT MANAGEMENT THROUGH THE CHAIN OF COMMAND IN A TIMELY FASHION
4.   INJURED RESERVISTS MAY ALTERNATIVELY BE ELIGIBLE TO RECEIVE COMPENSATION FOR THEIR INJURY, DISEASE OR ILLNESS THROUGH GECA AT REF B, WHICH IS ADMINISTERED BY THE PROVINCIAL WORKERS COMPENSATION BOARDS. THE OBJECTIVE OF REF B IS TO PROVIDE COMPENSATION FOR LOSS OF EARNINGS, MEDICAL CARE AND OTHER RELATED BENEFITS TO THOSE WHO ARE ELIGIBLE OWING TO INJURY BY AN ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT, OR DISABLED BY REASON OF AN INDUSTRIAL DISEASE OWING TO THE NATURE OF THE EMPLOYMENT
5.   DURATION, TYPE AND LEVEL OF THE BENEFITS PROVIDED UNDER GECA VARY FROM PROVINCE TO PROVINCE. SOME OF THE BENEFITS THAT MAY BE AVAILABLE INCLUDE:
A.   COMPENSATION FOR LOSS OF EARNINGS
B.   MEDICAL, HOSPITAL AND RELATED SERVICES
C.   REHABILITATION SERVICES
D.   A LUMP-SUM PAYMENT OR PENSION IF THE RESERVIST IS PERMANENTLY DISABLED, AND
E.   LONG-TERM BENEFITS EXTENDING AFTER RELEASE FROM THE CF IF THE DISABILITY IS PERMANENT
6.   COS ARE RESPONSIBLE FOR REPORTING TO HUMAN RESOURCES AND SOCIAL DEVELOPMENT CANADA WITHIN 3 DAYS ALL SERVICE-RELATED INJURIES SUSTAINED BY RESERVE FORCE PERSONNEL IN THEIR EMPLOY THAT REQUIRE MEDICAL ATTENTION OR RESULT IN LOST TIME. A CF 98 SHALL ALSO BE COMPLETED IAW REF C. COS MUST ALSO ENSURE THAT INFORMATION CONCERNING REFS A AND B IS PROVIDED TO ALL ILL OR INJURED RESERVISTS SO THAT AN INFORMED DECISION MAY BE MADE WITH REGARDS TO THEIR COMPENSATION. NOTE THAT ILL OR INJURED RESERVISTS RECEIVING GECA COMPENSATION BENEFITS CANNOT ALSO BE COMPENSATED UNDER THE RFC FOR THE SAME ILLNESS OR INJURY
7.   RESERVE FORCE MEMBERS WITH A SERVICE-RELATED INJURY MAY ALSO QUALIFY FOR BENEFITS FROM VETERANS AFFAIRS CANADA (VAC) PURSUANT TO THE PENSION ACT OR THE CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT. IF THE RESERVE FORCE MEMBER IS IN RECEIPT OF BENEFITS AS A RESULT OF THE SERVICE-RELATED ILLNESS OR INJURY FROM A SOURCE SUCH AS GECA, THE AMOUNT OF THE COMPENSATION-RELATED BENEFITS THEY MAY BE ENTITLED TO FROM VAC FOR THE SAME INJURY OR ILLNESS WILL BE REDUCED. VAC REQUIRES THAT APPLICANTS REPORT WHETHER THEY ARE IN THE PROCESS OF APPLYING FOR, HAVE APPLIED FOR OR HAVE RECEIVED ADDITIONAL AMOUNTS WITH RESPECT TO THE SAME DISABILITY FOR WHICH THE APPLICATION IS BEING MADE. ANY COMPENSATION RECEIVED UNDER THE RFC FOR LOSS OF INCOME IS NOT DEDUCTED FROM A VAC DISABILITY PENSION OR DISABILITY AWARD
8.   INSTRUCTIONS REGARDING DIVISION OF RESPONSIBILITIES AND REPORTING PROCEDURES FOR RESERVE FORCE PERSONNEL WHO ARE ATTACH POSTED OR ON TD WILL BE PROMULGATED SEPARATELY. FOR FURTHER INFO REGARDING REFS A AND B, PROVINCIAL WORKERS COMPENSATION OR VAC BENEFITS, PLEASE VISIT THE FOLLOWING WEB SITES:

http://HTTP://CMP-CPM.FORCES.MIL.CA/ DGCB/CBI/ENGRAPH/CBI(UNDERSCORE)CHAPTER-210(UNDERSCORE) E.ASP(QUESTION MARK)SIDESECTION(EQUAL SIGN)6(AND SIGN)

http://HTTP://WWW.HRSDC.GC.CA/ENG/LABOUR/WORKERS(UNDERSCORE)COMPENSATION/IN DEX.SHTML

http://HTTP://WWW.HRSDC.GC.CA/ENG/LABOUR/PUBLICATIONS/WORKERS(UNDERSCORE)CO MPENSATION/GECA(UNDERSCORE)EMPLOYER/PAGE04.SHTML

http://HTTP://WWW.CCOHS.CA/OSHANSWERS/(QUESTION MARK)INFORMATION/WCB(UNDERSCORE)CANADA.HTML

http://HTTP://WWW.VETERANS.GC.CA/ENG/
9.   SIGNED BY RADM A. SMITH, CMP

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