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20.20.1 Application of Subsection 19(4)(c) to voluntary dischargees


For the purposes of this subsection, an ADF member who has been incapacitated by injury but who has not been recommended for an involuntary medical discharge continues to be in receipt of 'an offer of suitable employment'. This 'offer' consists of the ADF's expectation that the member will continue to serve and be medically treated, rehabilitated and if necessary redeployed to alternative duties. The only time such an 'offer' of continued employment is withdrawn, is where a Medical Employment Classification Review Board (MECRB) determines the member is Category 4 and recommends discharge for medical incapacity.

If on the contrary the member decides to discharge voluntarily whilst incapacitated but not subject to a MECRB recommendation for discharge, that member has 'failed to engage or continue to engage in that employment'. In that case S19(4)(c) deems the member's earning capacity to be unchanged i.e. the deemed employment is as an ADF member with the rank/pay-group at discharge, i.e. there is no salary loss to compensate. This is because the ADF was still, at the date of discharge, prepared to employ that member, and that member's financial loss (if any) was due to his/her own decision to leave the ADF.

In short, S19(4)(c) prevents weekly incapacity payments to a member who discharges voluntarily after being incapacitated for a compensable injury.