3.2.13 Medical Event on Duty

Paragraph 27(da) and paragraph 28(1)(ea) of the MRCA provide that an injury or death can be accepted as a ‘service injury’ or a ‘service death’ on the basis that it occurred while the member was on duty at the time the incident occurred, regardless of whether or not the injury resulted from the performance of those duties. Put another way, the provisions create a ‘temporal’ connection to an individual’s service rather than a ‘causal’ connection.

Paragraphs 338(1) and 339(1) make clear that injuries which are considered using this head of liability are not to be assessed by reference to the Statements of Principles (SoPs). Instead, the consideration of claims focuses on the timing and circumstances of the medical event rather than on medical causation. Application of these provisions is appropriate in cases involving sudden or acute medical episodes such as fractures, heart attacks and strokes.

Note that the member must be actually on duty when the injury or death occurred.  If not on duty, liability may be considered via the ‘arising out of’ provisions, including considering whether an activity was required, endorsed or encouraged by ADF.  Off duty activities do not come within the scope of this provision.

The provisions are only applicable to injuries (and deaths) which occur while the member is on duty. However, they do not apply to claims for diseases or events that are causal exposures for diseases. 

Both standards of proof apply to claims under 27(da) and 28(1)(ea).