Parents of disabled full time National Serviceman score deci
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Parents of disabled full time National Serviceman score decisive moral victory against PAP regime
February 22, 2009 by admin
Filed under: Media articlesParents: It was our last resort
Despite friends’ misgivings, NSF’s parents sue Mindef & win
New Paper, 22 Feb 2009
TNP linkTHEIR household income is just $2,000. So how, their friends asked them, can they take on the Government?
You will lose, their friends said. And you will be worse off because of the costs.
But Mr Tan Kian Lee, 50, and his wife, Madam Hor Hong Kiow, 47, refused to buckle under the enormity of the challenge.
‘It was a nerve-racking experience,’ said Mr Tan, of taking on the Ministry of Defence.
Their son, Chia Wee, had become an invalid after he was found unconscious while he was in National Service.
He was their hope. He was to have gone to university and supported them when he graduated.
Mr Tan said in Mandarin: ‘My son began NS as a healthy soldier but he came out a vegetable. He used to jog and do standing broad jumps every day. Now, he’s like a baby.’
When four years of talks with Mindef and the Attorney-General’s Chambers came to naught, the couple sued Mindef for compensation – and took it all the way to High Court.
On 16 Jan, the Tans’ dogged determination paid off when the High Court ruled that Chia Wee, now 26, was entitled to compensation.
‘Many people have told us that we’re very brave to sue the Government,’ Madam Hor, a bank teller, said in Mandarin, ‘especially when we’re not rich. But I believe anyone in our position would have done the same.
‘Some people even told us we may lose the case as we were up against the Government and we’d have to pay costs if we lost.
‘We’re not greedy. Going to court was really a last resort and we’re really grateful to our lawyer. Till today, our lawyer has not charged us for his work.’
Their lawyer, Dr Lau Teik Soon, is a former People’s Action Party Member of Parliament for Serangoon Gardens.
Looking at photos of Chia Wee in happier times, Mr Tan, who is unemployed, sighed: ‘He had hoped to go to UniSIM to study business and support us after he graduated.
‘He was enthusiastic about NS despite being a storeman. He obeyed instructions without complaint and always smiled when he left for the camp.
‘Every day, we’d buy him supper so he could have his favourite burgers when he came home.’
Shocked
Chia Wee, a business diploma holder from Temasek Polytechnic, had told his parents he could do a variety of jobs with a business degree.
Mr Tan said: ‘Now, he can only stare at us when we visit him.
‘We have accepted that he’ll never be able to look after us. At least, we’ll get some compensation so we can care for him.’
The couple’s ordeal began when the Singapore Armed Forces called with the bad news that Chia Wee was discovered unconscious at the foot of his three-storey barracks at Seletar East Camp.
He was found at 6pm on 3 Aug 2005.
Mr Tan recalled: ‘I was so shocked that I could barely stand. My daughter, Chia Min, had to support me.’
The tragedy affected Chia Min so much that she did badly for her O levels that year, scoring 29 points for her best five subjects.
She re-sat for her O levels in 2006 and scored 15 points, qualifying for polytechnic courses.
Mr Tan and Madam Hor sought an explanation from Mindef but details were sketchy as there were no witnesses.
One of Mr Tan’s friends, who lives in Pasir Ris, took him to a meet-the-people’s session with Defence Minister Teo Chee Hean in November 2005.
Mr Tan said: ‘My friend spoke on my behalf and one of Mr Teo’s assistants wrote a letter. Within 10 days, Mindef replied, saying it was investigating.’
In April 2006, Mindef officials met Mr Tan, informing him they did not know what led to Chia Wee’s tragedy as there were no witnesses. The ministry offered to give Mr Tan $500 a month for five years to help him care for Chia Wee at home.
Mindef also said it would not provide additional compensation, claiming its checks showed Chia Wee was not hurt in the line of duty.
Not knowing what to do, Mr Tan delayed discharging his son, who remains in a step-down facility at Tan Tock Seng Hospital (TTSH).
Why didn’t he just accept the monthly compensation of $500?
Mr Tan said: ‘I wouldn’t get anything after five years and my son needs lifelong care. I was also worried that if I accepted this offer, it would mean I couldn’t pursue legal action against Mindef.’
In March 2007, Mindef stopped paying for Chia Wee’s hospitalisation after having paid more than $30,000 for his medical treatment.
Worried
Mr Tan said: ‘I took that to mean Mindef was absolving itself of any liability. That’s unfair because my son got injured in camp, not while he was off-duty.
‘At that point, my wife and I considered legal action as it was the only chance we had of getting compensation.
‘It’s not that we want to leave Chia Wee in TTSH permanently, but we can’t afford to hire a nurse to care for him at home.’
Madam Hor’s colleague recommended Dr Lau to the couple and he, together with Ms Rajvant Kaur, represented them for free.
In August 2007, the Tans had a meeting with the Attorney-General’s Chambers to resolve the dispute, but to no avail.
Dr Lau told The New Paper: ‘We were hoping to settle the issue of liability amicably but it wasn’t a meeting of two minds.’
Soon after that, the Tans sued.
Mr Tan said: ‘I spent two hours reading my 40-page affidavit every day. My English is limited and I was worried of slipping up while testifying.’
After a four-day hearing last month, Justice Tay Yong Kwang ruled in the Tans’ favour.
Mindef has not appealed against the verdict.
Dr Lau told The New Paper that the next step is to assess the degree of Chia Wee’s disability and, using Manpower Ministry guidelines, work out how much he should get.
Mr Tan said: ‘We would have had to pay the A-G’s costs if we had lost. It was a risk we had to take. But if we didn’t take this step, we wouldn’t get any compensation.
‘Of course, we’re happy to win. After such a long time, we finally got justice.’
They need to buy $3,000 bed for son
THE Tans have no proper bed of their own.
Now they will have to buy a motorised special bed costing $3,000 for their son.
The couple, who also have a daughter in polytechnic, live in a spartan three-room flat at Old Airport Road.
It is a flat that indicates their modest income.
The family sleep on mattresses on the floor instead of on beds.
Their living room has a sofa and two armchairs, but no coffee table.
Instead of Chia Wee supporting them in their old age, Mr Tan and Madam Hor will now have to care for him for the rest of his life.
They spend about $2,000 a year on their daughter’s school fees.
They intend to use the compensation, which the court will assess at a later date, to hire a nurse to care for Chia Wee at home.
His vegetative state means he has to be fed through a tube and wear diapers all the time.
The Tans have decided against placing Chia Wee in a nursing home as it will cost between $1,200 and $1,800 a month.
Mr Tan said: ‘If our son stays in a home, we’d have to spend money on transport to see him every day.
‘I’m not working, so I can care for him at home. We hope to use the compensation money to buy diapers, milk and a proper bed for him.’
Affordable
Bendemeer Medical Marketing & Nursing Services, which provides training for home nursing, is willing to work out an affordable package for the Tans.
Its head nurse, who asked to be known as Ms Angie, said: ‘We can train Mr Tan to change the diapers, clean him and top up the feeding tube.’
She added that Chia Wee’s parents will need to acquire a nursing bed, the type used in hospitals, to prevent him from developing bedsores.
She explained: ‘The nursing beds are motorised and have ripple mattresses which have an alternating pressure pump and a special air-mattress. These will boost blood circulation and prevent bedsores.’
Such beds cost around $3,000 but MsAngie said the company can source for donated beds from previous patients.
Source: http://www.sgpolitics.net/?p=2307#more-2307
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More Singaporeans who are in the same situation as Mr Tan's, stand up and fight for your rights.
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Mindef should have taken up insurance for its soldiers whether they are on active duty or off-duty as long as the soldiers are within its camp premises.
Mindef should not just shirk its responsibilities when parents have entrusted their children under their care and when something happened Mindef must be answerable to their parents.
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In April 2006, Mindef officials met Mr Tan, informing him they did not know what led to Chia Wee’s tragedy as there were no witnesses. The ministry offered to give Mr Tan $500 a month for five years to help him care for Chia Wee at home.
Mindef also said it would not provide additional compensation, claiming its checks showed Chia Wee was not hurt in the line of duty.
I think it's generally accepted that you are hurt in your workplace or place of duty, it's considered as happening in the line of duty.
$500 a month for 5 years? After 5 years I suppose he does not need to eat, take medication, go for physiotherapy?
In March 2007, Mindef stopped paying for Chia Wee’s hospitalisation after having paid more than $30,000 for his medical treatment.
MINDEF cutting down cost by denying servicemen hurt in the line of duty their rightful medical treatment.
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Beyond the gung-ho inspiring promotion clips of the mighty 3rd Generation SAF fighting abilities in the Air, Sea and Land - there seems little support to the SAF personnel when anyone is injured or become disabled in the line of fire.
It is shocking that $500 per month is offered for a period of 5 years - which amounts to no more then $6000 a year, or a total of $30,000 at the end of five years.
Is that the SAF budget to support an injured SAF personnel when the budget for equipment acquisition will amount to billions ?
This seems to be the standard PAP pragmatism in exploiting human talent to the maximum, and discarding the "remaining pulp after the juice has been extracted" - as can be seen in the non-existent budget to look after aged Singaporeans who have retired and after giving the best years of their lives for Singapore.
Considering that this PAP Government is now contributing SAF men and equipment to support the US military actions in Iraq and Afghanistan, and UN activities in East Timor - Singaporeans should make the PAP Government aware of their duty to Singaporeans injured in the line of duty.
Even as there are no dedicated Military Hospitals in the scale as the US Veteran's Military Hospital, the Singapore's Government owned hospitals should form the basic framework to support injured Singaporeans serving in the SAF.
The support to injured Singaporeans serving in the SAF - should be for the duration of the life of the injured, and nothing less can be acceptable.
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I think let's put it this way
SAF's NSF = cheap labour w/ no liability of their health (even after their ORD)
The expect all peasants to willingly work and die for defence of this country. While the elites are given better treatment (Even some are questioning abt Singaporean's loyalty to the country)