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Canadian veteran wins compensation for Bermuda crash

Tourists riding rental cycles in Hamilton (File photograph)

A Canadian panel has found that a veteran injured in a motor scooter accident in Bermuda is entitled to full disability compensation.

The Veterans Review and Appeal Board heard that the 61-year-old naval veteran, who was not identified by name, was posted to a warship in March 2009 that was visiting the island.

The ship was not named in the decision, however, the HMCS Athabaskan came to the island that month.

The sailor, who had served for 35 years with stints in both Somalia and Afghanistan, took part in an organised scooter tour while on the island and was involved in an accident, injuring his shoulder and right hand.

He told the panel he believed he had dislocated his shoulder and popped it back into place and felt good enough to continue with the outing.

When he returned to the ship, he sought medical attention and was given an X-ray.

“The medical staff confirmed that I had issues with my right shoulder and right-hand baby finger, which was also swollen, but that it wasn’t serious. No broken bones,” he said.

“The medical staff indicated that my right shoulder was dislocated in the fall and popped back in and should be OK soon. They gave me pain medication and sent me on my way.”

He told the panel he returned to work and took part in several exercises over the course of the next week but found that the pain only got worse.

“After a week, I could not take the pain and went to the medical staff for help,” he said. “The medical staff asked me what the problem was and I told them that my shoulder pain was getting worse and not better.

“I could not take the pain any more. I couldn’t sleep at night because the pain was so bad and I couldn’t find a comfortable position.

“The pain medication that they gave me was not doing the trick and I hoped they could help me deal with the pain.”

He had a second X-ray, which showed that he had broken his shoulder, not dislocated it, and his little finger was also broken.

Jill Chisholm, who represented him at the panel, said the accident in Bermuda was a service-related team-building activity and that he and his colleagues had been expected to participate.

“Not going would have had a negative impact upon the team during their time on ship,” she said.

She added that his return to work after his first medical evaluation had only aggravated his injury.

The panel agreed with the argument, stating in its decision: “He did not help organise this planned event intended to build esprit de corps. The event was already set up when he arrived on board.

"Had he said no, he would not have been disciplined, but he wanted to ‘get to know the new guys, especially in advance of work-ups’.“

The panel noted that the veteran had suffered ongoing issues with his shoulder since the incident and was prone to “tweaks”, which worsened the symptoms for days, and granted him a full entitlement.

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Published January 19, 2024 at 7:54 am (Updated January 19, 2024 at 7:54 am)

Canadian veteran wins compensation for Bermuda crash

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