The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

A non-oral file review was held on November 19, 2002, at the claimant's request. The Panel's decision was made that day.

Issue

Whether or not the claimant should receive full reimbursement for travel expenses incurred to attend two medical appointments.

Decision

That the claimant should not receive full reimbursement for travel expenses incurred to attend two medical appointments.

Decision: Unanimous

Background

In February 2002, the claimant experienced left knee difficulties during the course of her employment as a nanny. The claim for compensation was initially denied by the Workers Compensation Board (WCB) but was accepted at the Appeal Commission level.

With respect to the issue detailed above, the claimant asked the WCB to reimburse her for traveling expenses to attend two medical appointments in connection with this claim. On July 25, 2003, the claimant was notified by her case manager that the WCB covered the appropriate kilometers over and above the normal distance traveled to and from work. The normal distance to and from work was 28.60 KM while the total distance traveled for each medical appointment was 30.2 KM with the difference for each trip being 1.6 km. As such, the total amount due to the claimant for traveling expenses was 3.2KM (1.6 x 2)@ .30 per KM. This decision was appealed by the claimant and the case was referred to Review Office for consideration.

In a letter dated October 10, 2003, the Review Office took the position that the adjudicator's decision followed the guidelines established under WCB policy 44.120.10, Medical Aid and reflected the established practice for calculation of traveling expenses.

On October 17, 2003, the claimant's advocate appealed this decision and a non-oral file review was convened.

Reasons

In making its decision, the Panel relies upon Board Policy 44.120.10.

Section 3.a.i) provides that the WCB will reimburse an injured worker's actual reasonable expenses related to traveling to medical treatment (wage-loss, travel, accommodations, meals and reasonable telephone charges) which are in excess of costs normally incurred by the worker while traveling to and from work.

In this case, the adjudicator correctly applied the policy and correctly performed the calculation. In the Panel's view, the claimant's reimbursement should be limited to expenses in excess of the costs which would have been incurred by the worker while traveling to and from work. The claimant's appeal is therefore denied.

Panel Members

B. Williams, Presiding Officer
A. Finkel, Commissioner
M. Day, Commissioner

Recording Secretary, B. Miller

B. Williams - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 3rd day of December, 2003