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20.19 Where not incapacitated until after voluntary discharge


Not all of those ADF members who suffer an impairment from a service-related injury are involuntarily medically discharged. In fact the majority continues to serve, regardless of the residual effects of their injury. They are/were not incapacitated for work, (i.e. beyond any short period during treatment and recovery from the acute phase of the injury).

Others, more seriously affected, may once have been partly incapacitated in that they could no longer perform the trade skills or duties current at the time of injury, and were therefore transferred to an alternative occupation within the ADF. They were re-employed in a role accommodating the restrictions or loss of function imposed by the injury. At that point, they then ceased to be incapacitated i.e. have 'an incapacity to engage in any work' as specified at Subsection 4(9)(a).

Injured employees in these categories will in the normal course of events serve their period of employment and/or eventually leave the ADF through voluntary or administrative discharge. They are not therefore incapacitated for work at the date of discharge.

Note that the catalogue of medical conditions and residual impairments documented at the final ADF medical examination (i.e. the Separation Health Examination or also known as Discharge Medical) of voluntary dischargees is not sufficient to demonstrate a post-discharge incapacity for work. The Discharge Medical report may of course help to demonstrate liability, but only those persons medically discharged from the ADF are actually incapacitated at the date of discharge. This is an important point.