The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

An Appeal Panel hearing was held on September 5, 2002, at the claimant's request. The Panel discussed this appeal on September 5, 2002.

Issue

Whether or not the claimant is entitled to reimbursement of travel expenses from Shoal Lake to Winnipeg in order to attend medical appointments.

Decision

That the claimant is entitled to reimbursement of travel expenses from Shoal Lake to Winnipeg in order to attend medical appointments.

Decision: Unanimous

Background

On August 11, 2001, the claimant injured his lower back while lifting a bag of cement during the course of his employment as a stucco labourer. Responsibility for the claim was accepted by the Workers Compensation Board (WCB) and wage loss benefits were paid accordingly.

In a letter to the claimant dated June 10, 2002, a WCB case manager confirmed that the WCB would not be reimbursing him for any mileage expenses in association with medical appointments, as the claimant had relocated from Winnipeg to Shoal Lake, Manitoba. The case manager indicated that any expenses associated with travelling to and from medical treatments would be calculated from the claimant's residence at the time of the compensable injury. WCB Policy 44.120.10 was quoted in this regard.

On July 2, 2002, the claimant appealed the case manager's decision. The claimant indicated that he had moved to his current location as he could no longer afford to live where he was living. The claimant felt that he was entitled to travelling expenses as he did not move out of the province.

In a decision dated July 19, 2002, Review Office noted that the claimant was residing in Winnipeg at the time of his accident. The claimant was, therefore, not entitled to receive reimbursement for travelling expenses as he decided for his own personal reasons to relocate to Shoal Lake and not to continue residing in Winnipeg during his recovery period. Review Office concluded that the intent of WCB policy 44.120.10(3a) had been correctly followed by the case manager. On July 31, 2002, the claimant appealed Review Office's decision and an oral hearing was convened.

Reasons

WCB policy 44.120.10 states in section 3 a (i) as follows: "The WCB will reimburse an injured worker's actual reasonable expenses related to travelling to medical treatment (wage-loss, travel, accommodations, meals and reasonable telephone charges) which are in excess of costs normally incurred by the worker while travelling to and from work." In our view, this section of the policy is not restrictive. It speaks to 'reasonable' expenses with respect to travelling to medical treatment.

The claimant testified at the hearing that he voluntarily moved for economic reasons to Shoal Lake, where he temporarily rented a house owned by a relative. The claimant's further evidence was that he currently travels to Winnipeg for medical treatment approximately once every 2-3 months.

We find in accordance with the foregoing WCB policy that the expenses for the claimant's ongoing compensable treatment appear to be more than 'reasonable' at the present time. Therefore, we have no hesitation in finding that the claimant is entitled to reimbursement of travel expenses from Shoal Lake to Winnipeg in order to attend medical appointments.

Panel Members

R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
L. Butler, Commissioner

Recording Secretary, B. Miller

R. W. MacNeil - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 7th day of October, 2002