Wilfred Rabone v Secretary of State for Defence

Facts

The appellant, Wilfred Rabone, served in the Royal Navy from 4 May 1990 to 10 May 2022. In January 2021, during the COVID-19 pandemic, he was mobilised in support of the Welsh Ambulance Service and was based in Anglesey. Shortly before demobilisation he tripped and tore a muscle, and was stood down from duties, remaining at his hotel. He was taken to Cardiff to be demobilised on 23 March 2022, a process which took place in a compact basement room attended by approximately 60 people, where social distancing was not observed, people sat next to one another and no one wore a face mask. He went straight home afterwards. On 26 March 2022 he tested positive for COVID, and on 28 March 2022 he developed ringing in his ears and was later diagnosed with tinnitus. On 14 November 2022 he claimed compensation under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. Senior Medical Advice received by the Secretary of State for Defence was that the evidence did not confirm a service cause and that, in any event, the illness was short-lived and below tariff; the claim was refused and refused again on reconsideration. The First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber) dismissed his appeal, holding that the occurrence of COVID in his workplace was not in excess of what would normally be expected. He appealed to the Upper Tribunal.