A federal court justice has given an earlier decision the red card and ruled a broken hip at an army soccer game qualifies as a service-related injury. Attendance at the game was mandatory, noted the Federal Court..“The Canadian Forces Members And Veterans Reestablishment And Compensation Act is designed to recognize and fulfill the obligation of the people and Government of Canada to show just and due appreciation to members and veterans for their service,” wrote Justice Nicholas McHaffie. Members had no choice but to attend a 2016 soccer game at which one veteran broke his hip, said the Court..Jonathan Pelletier of Ottawa was playing soccer “as part of a mandatory sports activity with the Canadian Armed Forces when he jumped,” wrote the Court. “He jumped to field a ball, twisted in the air, landed awkwardly on his left leg and fell to the ground.” Pelletier underwent surgery and subsequently applied for benefits..The Veterans Review and Appeal Board dismissed Pelletier’s claim since he had undergone a 2014 hip operation and was diagnosed with osteoarthritis..“The Board accepted Mr. Pelletier’s injury was severe and traumatic, that it was service related and that it caused a severe impairment and severe interference with Mr. Pelletier’s qualify of life,” wrote Justice McHaffie..“However it concluded the injury was not ‘the result of a sudden and single incident,’” a requirement for benefits claims under the act..“The board noted Mr. Pelletier had suffered from osteoarthritis in his left hip for a number of years,” wrote the Court..“I conclude the decision was unreasonable and must be set aside,” wrote Justice McHaffie, who referred the case back for a second review. “Mr. Pelletier adequately demonstrated the fall at the soccer game caused his injury,” he wrote..“While the onus is on a member of the Canadian Forces or veteran to establish their eligibility for a benefit under the Act this does not require the member or veteran to disprove every other possible or hypothesized cause of the injury,” wrote Justice McHaffie, adding: “There is no dispute the fall was at the very least a cause of his broken hip.”.Military soccer games are organized through the Canadian Armed Forces Morale and Welfare Services branch..“The sports program plays a prominent role in promoting fitness and good health within the military community,” the Welfare Services branch said in a statement..“Sports inspire Canadian Armed Forces members to improve their physical fitness and build leadership and self-discipline skills,” wrote staff. “Sports also promote teamwork, esprit de corps, loyalty and commitment.”
