Saturday , April 17 2021

A soldier who lost his nine-month-old son and foot in a terrible car accident loses a legal battle with the military bosses



Air Force Captain Kim Fossett, who lost her leg and her only child in a terrible car accident in 2006, while leaving her son in child care in preparation for her second deployment in Afghanistan, lost her long-running battle this week due to disability compensation.

There is, however, one thing that she celebrates.

Fawcett was nominated as a Conservative candidate in Toronto who drove to Scarborough Southwest for the upcoming federal election, clearing the potential of a soldier who fought with Canadian forces and veterans for 15 years, becoming the next veterans or defense minister.

The tragic story of Fawcett was documented in June by the National Post.

She was preparing for her second deployment in Canada's war in Afghanistan. As a new mother who had just returned from maternity leave – and with her military husband had already ordered him to prepare for the upcoming mission – telephoned his commander and received approval to activate the child care plan to pre-deploy their children nine months son, Kiran, the court heard.

Uncovered image by captain Kim Fawcett and her son Kiran.

Handout

She clothed her uniform and put Kiran in Jeep to her family and, before going to the Kingston Canadian base, she was to throw her into her wife's house.

As she merged off the ramp of the Highway 401, her Jeep spun out of ice and hit the concrete middle road.

While waiting for help, she brought Kiran and took him to the shoulder of the highway, she said earlier.

"I retreated into a ditch, and then we were hit by a stalemate from nowhere," she said.

One truck hit a pair, sending his son to fly on the highway and pull it under the underbody. Her right leg was torn off. She had 21 additional fractures, but the worst blow she had learned after waking up to hospital: Kiran was killed.

At that time, she adapted to life as amputating over the knee. She returned to work and completed the second tour in Afghanistan – the first women's army who served in the warzone with a prosthetic foot.

This is not the end of the battle

Along the way, she struggled for the military benefits and benefits of disability to cover her treatments and prosthetics. After several years of appeals, appeals and litigation, her case was brought to the Federal Court of Appeal, who wanted to annul the decision that she was not on duty during the accident, reducing the amount for which she was entitled.

The court rejected her appeal this week.

The judges ruled that the military's decision "falls within the legal and factual defense range of possible, acceptable results", which fulfills the legal test used to make the decision reasonable, but necessary to be accurate.

The dismissal of the court did not disrupt her fight, said David Levangi, her lawyer in the case. Two avenues of appeal remain open – an internal appeal established by the Appeal Judges, and the other is a misdemeanor procedure to the Supreme Court of Canada.

Levangi said both were being considered.

"This is not the end of the battle," he said.

"She is already fighting this battle for 13 years, but she is a warrior, she is a fighter, she will continue to fight, and not just for herself – there is a lot of pressure to change the legislation, it can not help her, this will ensure that no one else has to go through this ordeal. "

For more than a decade, Captain Kim Fawcett has fought with Canadian forces to pay for the prosthetics he needed after a terrible car accident that also killed her son.

Peter J. Thompson / National post / file

It was her struggle for changes in the treatment of injured soldiers, which put her in political circles.

Its cause was supported by conservative politicians in the past. Her case was filed in the House of Commons last year, which led to the compliments of Liberal Party Defense Minister Haruty Satsang.

"I want to thank Captain Feset for her service in our country," she said. "Our hearts go towards her because of the loss she suffered." We are committed to ensuring that she receives the support she needs, including for the prosthetic leg, "said Sian in the House.

"Because of the complexity of the decisions taken some time ago, this file is very complex. However, we will not only make sure that it has the right support, but we will work through that complexity to make sure that we do it right" .

On Friday, the minister's office said the Fauxet case was still a priority. The officials are in regular contact with her, and Sajian continues to work towards a solution.

Captain Kim Fawcett

Handout

Asked what the influence of Favec as a conservative on the minister's support for her and her case would be asked, Saiyan said: "No."

"Our government will continue to provide all eligible benefits for members of the Canadian Armed Forces and ensure they are fully supported," Sajian said.

Questions to the conservative party's representative about Fawcett's role in the party were not answered before the announcement. Fawcett was unavailable for comment by the deadline.

The big Doug Cedar, spokesman for the Canadian Armed Forces, said Fawcett was not forgotten by the military.

"Although these tragic circumstances are not attributable to the military service as a member of the Canadian Armed Forces, Captain Fauket continues to receive salary and access to the full range of compensation and benefits available to serve members.

The military is "in routine contact with Captain Favec, to ensure that lines of communication remain open so that it can benefit and fully utilize the support available to him as a member of the Canadian Armed Forces," he said.

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