Halifax panel grants veteran sailor full disability pension for Bermuda scooter crash: ‘I could not take the pain anymore’

A 61-year-old navy veteran who injured his shoulder during a motor scooter tour of Bermuda that was aimed at promoting esprit de corps is entitled to a full disability pension for his pain and suffering, a Halifax panel has ruled.

The decision from the Veterans Review and Appeal Board — which does not identify the former sailor by name — describes how he arrived at a warship in Bermuda in March of 2009 that was already going through work-ups in preparation for future deployment. He was replacing the ship’s outgoing combat system engineering officer.

“When I arrived on the ship, I met my fellow Officers and started to socialize. The wardroom planned an outing and invited me to go out with them to visit various sites on … Bermuda … on scooters,” the veteran told the panel.

“The command team thought that this experience would be great for me and the (combat system engineering) department.”

‘Perfect opportunity’

The sailor, who served for 35 years in the regular force, did stints in both Somalia and Afghanistan before arriving at the ship docked in Bermuda.

He “thought this was a perfect opportunity to bond with the new crew and agreed to go out with the wardroom group,” according to the recent decision.

“During the outing, I had the misfortune to get into an accident, where I hurt my shoulder and right hand, plus I had a couple of scrapes on my leg,” he told the panel, noting he thought his right shoulder popped out of the socket, then back in again, and he felt well enough to continue with the outing.

‘No broken bones’

Back at the ship, he sought medical attention from medical staff.

“They took 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 returned to work and the ship went back to sea for naval exercises.

‘Very intense’

“Work-ups is very intense because it simulates the ship in a battle situation. We have to move fast to get to our emergency job locations and act fast to address simulated damage conditions,” he said. “I participated in numerous work-up exercises for the following week.”

The sailor said he tried his best to participate, but after a week of exercises, the injury wasn’t getting any better.

‘Couldn’t sleep’

“I was in more and more pain – the pain got worse with each exercise,” he said.

“After a week, I could not take the pain and went to the medical staff for help. 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 anymore and 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.”

Second X-ray

A second X-ray revealed the sailor had broken his right shoulder, not dislocated it, as well as his baby finger.

He was ordered off the ship for medical treatment.

An advocate for the veteran argued he was entitled to full compensation for his injuries.

“The scooter accident is service-related,” his advocate, Jill Chisholm, told the panel.

Chisholm said her client and his colleagues were expected to participate in the scooter activity.

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

The injured veteran “aggravated his shoulder during workups, immediately after the scooter injury,” Chisholm said.

‘Significant impact’

A doctor confirmed that the veteran’s right shoulder fracture “could be aggravated by ongoing strain and lead to long-term shoulder dysfunction,” the panel heard.

“A fracture to the greater humeral tuberosity would be expected to have significant impact on the ability for a patient to use their shoulder both acutely (weeks after injury) and more chronically.”

The injury “would be expected to lead to shoulder weakness and instability,” the doc testified.

Pre-planned 

The scooter trip was a team building activity that took place on the day the sailor arrived at his new ship.

“He did not help organize this planned event intended to build esprit de corps. The event was already set up when he arrived on board,” said the panel.

“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’s decision notes the sailor was able to immediately return to his duties and participate in work-ups the following Monday.

‘Demonstrate leadership’

“The work-ups were physical. He put firehoses away in firefighting exercises. He used his right shoulder to climb up and down ladders with dispatch, to demonstrate leadership as an officer, meanwhile he did not appreciate at this time that he had broken his shoulder.”

The sailor took Tylenol and Naproxen, but the pain in his right shoulder got worse during work-ups.

“On the 3rd or 4th day of work-ups, he could not sleep and went back to the medic. After a second X-ray he was told ‘you broke your shoulder.’”

‘Prone to tweaks’

The veteran has experienced “ongoing right shoulder symptoms ever since and is prone to tweaks which increased the symptoms for days,” said the panel, noting “service is a much broader concept than just being on duty.”

It concluded that the veteran’s right shoulder injury “was in the interest of service. The panel finds as a fact that the scooter event was proximate enough to service to reasonably conclude it was service related.”

No booze

Although the scooter accident happened on a Saturday, it wasn’t random and didn’t involve alcohol, said the panel’s decision.

“Entitlement granted in the amount of five-fifths for service in the Canadian Armed Forces,” said the decision, which is retroactive to January of 2021.

The name of the sailor’s ship is redacted from the decision, but HMCS Athabaskan paid a visit to Bermuda in March of 2009.