Decision #53/00 - Type: Workers Compensation
Preamble
An Appeal Panel hearing was held on May 18, 2000, at the request of the claimant. The Panel discussed this appeal on May 18, 2000.
Issue
Whether or not the claimant is entitled to a lump sum settlement on his special additional compensation.
Decision
That the claimant is not entitled to a lump sum settlement on his special additional compensation.
Background
During the course of his employment as a painter on May 1, 1989, the claimant sustained a compensable injury to his left ankle. According to documentation, the claimant was eventually considered to be functionally unemployable and was issued full special additional compensation benefits which were to continue until he reached the age of 65 years. After reaching 65 years of age, the special additional compensation would be replaced by a small pension payable until the claimant's death.
On September 30, 1999, the claimant wrote to the Workers Compensation Board (WCB) requesting that his special additional compensation be paid as a lump sum. On October 6, 1999, the claimant's request was denied by a rehabilitation supervisor as there was "no provision in either the Workers Compensation Act or subordinate policy which will allow payment of these benefits in the form of a lump sum." The claimant appealed the decision to Review Office.
In a decision dated October 15, 1999, Review Office confirmed that the claimant was not entitled to a lump sum settlement of his special additional compensation. Review Office referred to WCB policy 44.100.10 entitled Lump Sum Commutations, which provided guidance in the awarding of lump sum settlements. Review Office stated that it was apparent from reading this policy that the awarding of lump sum settlements of special additional compensation was never contemplated. There was also no reference in the Workers Compensation Act that would allow for same. On March 17, 2000, the claimant appealed Review Office's decision and an oral hearing was arranged.
Reasons
There is nothing contained in either The Workers Compensation Act or the WCB policies which permits or allows for a lump sum settlement of a special additional compensation award. Consequently, the claimant's request is hereby declined.
Panel Members
R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
B. Leake, Commissioner
Recording Secretary, B. Miller
R. W. MacNeil - Presiding Officer
(on behalf of the panel)
Signed at Winnipeg this 24th day of May, 2000