# Duty before body?



## supermario1984 (15 May 2013)

I have had a string of bad luck the past 3 weeks. I have been involved in two motor vehicle accidents less the 2 weeks apart. Whiplash and soft tissue damage in my neck and back. I find out today even with me MELs stating I should stay in the area. My unit has decided that I should heal from my injuries in the field. Finding this out I reported to my MO, for a follow up. He then gave me a more up to date MEL, with the same note of staying in the area for treatment. My chain had all gone home, because of deploying tomorrow, before I got back so I left a copy and emailed them the new chit info. So now I have to wait until the AM for a new decision. 

I have a CANFORGEN that states they can not do that, and showed it to my chain earlier today with no avail. 

So I am expected to put duty before body. So potentially not heal as fast or worsening.

What should be my next step?


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## PuckChaser (15 May 2013)

I would start by waiting for their new decision in the morning, instead of assuming they're going to send you to the field regardless of your new MELs.


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## Towards_the_gap (16 May 2013)

Did it occur to you to pick up a telephone rather than post on an anonymous internet forum? If I were your Sgt I would be mightily un-impressed with you A) waving canforgens in my face and B) emailing me and leaving a chit on a desk for me to find on my way out to the field, and thereby potentially screwing over another member who gets told, with little or no notice, that he is deploying to the field now rather than going on course/attending a family wedding/child's singing recital because you didn't have the guts to phone someone and thereby give them enough notice to plan for your non-attendance.

But all that being said it's far too late now so please let us know what happens in the morning.


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## eurowing (16 May 2013)

Nothing new, I was involved in an on duty accident on the autobahn in 1980 where my DND Pick up was rear ended resulting in a fatal outcome for the occupants of an Opel. I was flung back in my drivers seat and put my head through the rear window despite wearing a seatbelt. 

2 weeks later, with swollen neck in a brace, I went to Osnabruk. No duties at all, but they needed numbers for the exercise.  I was treated well. I only got miffed about it when I found the baseball team was sent home early while I was tenting it in pain. That seemed to negate the reason for me being in the field in my opinion.

Just one of my less fond memories.  My remuster coming through a couple weeks later put that memory away. You awoke it.


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## Staff Weenie (16 May 2013)

CANFORGEN 128/03, para 3:

COMMANDING OFFICERS ARE REMINDED THAT THEY HAVE NO AUTHORITY TO OVERRULE OR DISREGARD WHAT MEDICAL STAFF RECOMMEND AS MEDICAL CARE FOR CF MEMBERS UNDER THEIR COMMAND. THIS INCLUDES BUT IS NOT LIMITED TO MEDICAL AND SURGICAL TREATMENT, DIAGNOSTIC AND INVESTIGATIONAL PROCEDURES, HOSPITALIZATION, PREVENTIVE MEDICINE PROCEDURES, MEDICAL EMPLOYMENT LIMITATIONS AND SICK LEAVE.

Personally, I would have made sure that my chain of command had a copy of my chit from the clinic, then I would have asked for written orders to breach the MELs assigned.  Any Officer with half a brain, should clue in that if they're being asked to give a written order to breach MELs, they're probably doing something stupid....


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## Jarnhamar (16 May 2013)

supermario1984 said:
			
		

> So I am expected to put duty before body.



Yes, duty comes first.  On the same note your duty as a soldier is to make sure you're physically fit and medically able to do your job so you're ready when you're needed. That's probably semantics though. 



> Personally, I would have made sure that my chain of command had a copy of my chit from the clinic, then I would have asked for written orders to breach the MELs assigned.


Thats a great idea, especially of someone is ordering you to disobey a lawful order from an officer. I've pulled that card in the past and it worked well.


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## 392 (17 May 2013)

Something doesn't smell right here. Your MEL says to "stay in the area for treatment." Is there anything else there, other than that?

Define "the field". Your profile doesn't say what base you're at, nor do you say where the exercise is being held. If it is local (i.e. the ex is being held on the same base you're posted to), and your only restriction says "stay in the local area for followup", then technically they are not breaching the MEL, however common sense would tell me that unless they plan on using you for CP duties to allow you to heal, perhaps you should stay back. 

As Towards_the_gap said, I'd be mighty pissed at having someone going about it the way you are as well, HOWEVER - if there are additional restrictions on that MEL, then you should be (should have?) making a phone call to your immediate supervisor pronto. That's what fanouts are for.

In this day and age, most supervisors are acutely aware of the consequences of not allowing their subordinates to adequately heal (i.e. short term undermanning pain for long term healthy member gain) and when shown a proper MEL with restrictions, ensure those restrictions are adhered to. In this case, I think there may be more to the story than what is being relayed here.


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## medicineman (17 May 2013)

There is nothing wrong with employing someone within their limitations in a B-Ech role in the local training area if they have recurrent phyiso or follow up appointments on the Base - as long as the CoC is ensuring they're getting in for the appointments AND the member is being employed wwithin limitations.  "Restricted to local area" means just that..."Unable to tolerate shiftwork, must have firm surface to sleep on, regular uninterrupted sleep and meals, unable to tolerate vehicle movements, walking on uneven ground, etc - Reccomend unfit field operatations for "x" days/weeks, etc", well that means something different.  In Gagetown, someone could still be deployed to the "field" under those restrictions if they stayed in shacks in Petersville for instance, and still be driven back to the base for appoitnments if needed by the Duty Run.  If no such installation were available, well, I'd say the member would have to stay with the rear party.  

I too think there is more than meets the eye or what we're being told as well - one doesn't simply write a chit to stay in local area without the remainder of the work limitations for day to day life...it would be the last thing written after all the other stuff was put there as the final reccomendation, as it would immediately be sent back for clarification.

MM


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## Towards_the_gap (18 May 2013)

I think he may not reply for a while because he (or she I guess) is currently peeling potatoes in Wainwright. Deployed to the field? Damn straight. Employed within the MEL's given. Equally straight!!!


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## NavyShooter (19 May 2013)

Suppose you're doing a half marathon....suppose you get a blister forming at km #7.  Do you stop?  Do you carry on?

Is it my duty to finish the race?  No.

Do I have the drive and desire to finish the race despite the bloody sock, the sore foot, and the cramping leg?  

Let's relate that to work....

You have a MEL, it's a LIMITATION not a PREVENTION.  You're still drawing a paycheck from the crown....you're limited in what you can do, but you can still DO stuff.  Should you do it?  

Is that duty before body?  Or the reasonable expectations of a chain of command?

Honestly, go on the ex, do your part, what you can of it at the least, and get well soon.  If there's a specific task that's outisde of your MELs that you're given to do, then identify it at the time, otherwise, earn your keep and do your part.

NS


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## Pathfinder17 (6 Jan 2015)

Depending on your rank.... And how good your chain of command is... I'd bring it up with your IC. And talk to him one in one. I'd take offence if one of my troops went behind my back on here and didn't come talk to me about it. If you have a good chain of command, which is rare. But they will support you. Our body is what drives your profession and healing your body is important. I've always been blesse with a good chain of command in recce and was always honest with them. Don't take advantage of it and they will know when you're being truthful and give u the time to heal


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## Flavus101 (6 Jan 2015)

This was a year ago...


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## The Bread Guy (6 Jan 2015)

Flavus101 said:
			
		

> This was a year ago...


With still no word back from the OP at D+600 (approximately) ....


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## Haggis (6 Jan 2015)

milnews.ca said:
			
		

> With still no word back from the OP at D+600 (approximately) ....



That's because he's still out in the field.


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## Nfld Sapper (8 Jan 2015)

And probably still peeling potatoes....


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