Decision #49/00 - Type: Workers Compensation
Preamble
An Appeal Panel Review was held on April 27, 2000, at the request of the claimant.
Issue
Whether or not the annual renewal fee for the claimant's cellular telephone should be paid by the WCB; and
Whether or not the ongoing cost of the claimant's motor league membership should be paid by the WCB; and
Whether or not the claimant's moving expenses should be paid by the WCB.
Decision
That the annual renewal fee for the claimant's cellular telephone should not be paid by the WCB; and
That the ongoing cost of the claimant's motor league membership should not be paid by the WCB; and
That the claimant's moving expenses should not be paid by the WCB.
Background
While employed as a mill leader on November 21, 1994, the claimant's left arm was amputated at the shoulder when it became caught in a conveyor belt. As a result of the accident, the claimant received compensation benefits and was awarded a permanent partial impairment award.
During a telephone conversation with a Vocational Rehabilitation Consultant (VRC) on August 13, 1998, the claimant requested a cellular phone and a membership with CAA as he and his family had recently experienced a flat tire on the road and nobody would stop to help them. The claimant indicated that with only one arm he no longer felt confident about being out on the road. The claimant agreed to pay the monthly fee for the cellular phone and the VRC indicated that the Workers Compensation Board (WCB) would cover the costs of the Audiovox phone, a charger and case. The WCB also agreed to cover the annual fee of $48.00 for the phone and for the first year of a membership in CAA as a one time expense.
Following a telephone conversation with the claimant's wife on June 11, 1999, the VRC wrote to the claimant indicating the following:
"I am writing in response to your request for another year of paid CAA membership, the $48.00 renewal cost of your monthly mobility service as well as having your moving expenses covered by the WCB.
The original agreement at the time of your cellular phone purchase would be that the WCB would cover the cost of the phone purchase as a one time only expense. You agreed that you would pay for the monthly mobility costs from that point onwards.
The annual renewal fee with MTS Mobility would be considered the normal cost of having monthly mobility service. The agreement with the WCB was to purchase the phone again as a one time only expense with you covering the normal monthly mobility charges.
The CAA membership was also a one time only expense as you indicated that you were spending time in your RV and were concerned about the possibility of having to change a flat tire. Again, this expense was covered as a one time only expense.
Moving expenses (unless the move is at the request of the WCB) are not covered by the Workers Compensation Board of Manitoba."
On July 25, 1999, the claimant appealed a number of decisions made by the WCB which included the decisions to deny costs associated with the cellular telephone, the motor league membership and the moving expenses. In this respect, Review Office determined the following in a decision dated January 21, 2000:
- that covering the costs associated with a cellular telephone and motor league membership on a long term basis was outside of the workers' compensation envelope.
- that the Workers Compensation Act (the Act) did not contemplate payment of expenses occasioned by personal choices made by a claimant such as where to live.
On February 20, 2000, the claimant appealed the above decisions and a non-oral file review was arranged.
Reasons
With respect to the expenses for the annual cellular telephone fee and the motor league membership, we note that the claimant had agreed with the WCB that he would be responsible for the payment of same after the first year. The initial payment of these expenses by the WCB was discretionary pursuant to section 27(20) of the Act and on a one-time basis only. We find that the provision of a cellular phone and/or a motor league membership is not absolutely essential in order for the claimant to achieve or to maintain his current earning capacity level. In addition, we do not consider a cellular phone and a motor league membership to be required necessities for daily living. As to the moving expenses, it was the claimant's personal decision to change residences and not one that was precipitated as a consequence of the compensable injury. The request for payment by the WCB of the various expenses is hereby denied.
Panel Members
R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
C. Monk, Commissioner
Recording Secretary, B. Miller
R. W. MacNeil - Presiding Officer
(on behalf of the panel)
Signed at Winnipeg this 16th day of May, 2000