A Canadian air force captain who served two tours in Afghanistan has lost another legal bid for disability benefits, 13 years after losing both her baby son and one of her legs in a motor vehicle accident.
Capt. Kimberly Fawcett has been embroiled in a prolonged battle with the Canadian Armed Forces, which denied her compensation and reimbursement for a prosthetic limb. The CAF determined she was not on duty at the time of the accident and that her injuries were not attributable to her military service.
A series of grievances, internal reviews and legal actions led up to this week’s Federal Court of Appeal ruling that sided with the CAF and the Attorney General of Canada.
On Feb. 21, 2006, Fawcett had received permission to arrive late for work. She was carrying out a military-authorized family care plan, driving her infant son to be cared for by his grandparents. That task normally was carried out by Fawcett’s husband, but he had been called to last-minute training prior to deployment to Afghanistan.
On a highway ramp near Kingston, Ont., Fawcett’s vehicle slid on the ice and came to rest blocking a passing lane. She tried to carry her son to the shoulder of the highway and up an embankment, but was struck by an oncoming vehicle.