A FORMER Anglesey-based member of the Royal Navy who claimed he caught COVID-19 and developed tinnitus while serving has lost a battle for compensation from the Armed Forces.
Wilfred Rabone, who served in the Navy from 1990 to 2022, was mobilised to Anglesey to support the Welsh Ambulance Service during the coronavirus pandemic.
But his attempt to sue the Ministry of Defence failed, as upper tribunal judge Sir Gary Hickinbottom ruled that Mr Rabone’s claim was “based on a false premise”.
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The hearing was told that Mr Rabone was mobilised in support of the Welsh Ambulance Service in January 2021 and was demobilised in March 2022.
But three days after being demobilised in Cardiff, he tested positive for COVID-19, before later being diagnosed with tinnitus.
Mr Rabone was demobilised in a compact room where about 60 people were present, social distancing was not observed, people sat next to each other, and nobody wore a face mask.
The Ministry of Defence, having received medical advice, refused Mr Rabone’s claim twice, stating that the evidence did not confirm service caused his COVID-19, and that even if it did, his illness was “short-lived and below tariff”.
An appeal against this decision was made by Mr Rabone, but was dismissed in November 2024; he then appealed that dismissal.
Mr Rabone stated: “The tribunal states COVID is the cause of my tinnitus. I agree.
“What I do not agree with is the fact that the tribunal finds the Army has no responsibility in my developing of COVID.
“If the Army had managed the demobilising process, by either reducing the numbers in the conference room so we were able to socially distance, or by using a larger building…”
But in dismissing Mr Rabone’s claim, the judge wrote: “The appellant’s ground of appeal is based upon a false premise, namely that benefit is payable in respect of an endogenous disease where the Armed Forces have failed to take steps to reduce the risk of service personnel contracting such a disease.
“But even on the alternative interpretation above, benefit is not payable where, as found here, the occurrence of the disease in the services setting is no higher than in the general population at the same time.
“For those reasons, I dismiss this appeal.”
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