The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

A non-oral file review was held on October 11, 2005, at the worker's request.

Issue

Whether or not the worker owes the WCB $2015.25.

Decision

That the worker owes the WCB $2015.25.

Decision: Unanimous

Background

On September 27, 1995, the worker sustained a compensable injury to his greater left toe during the course of his employment as a nursing assistant.

In April 2003, the Workers Compensation Board (WCB) asked the worker to return a computer, printer, software and an office chair that was loaned to him while he completed his vocational rehabilitation program.

The worker subsequently asked the WCB if he could purchase the computer and the chair from the WCB. On July 3, 2003, a WCB manager determined that the depreciated value of the two items plus applicable taxes was $2,015.25. File information revealed that the worker disagreed with the price and continued to maintain possession of the items. On September 18, 2003, the WCB advised the worker that $50.00 would be deducted from his biweekly wage loss benefits in an effort to collect the overpayment of $2015.25. The worker appealed the decision to Review Office.

On July 14, 2005, Review Office confirmed that the worker owed the WCB $2015.25. Review Office stated, in part, "…by his refusing to return the items (it is noted that the WCB made at least three in-person attempts to obtain them), the worker has, for all intents and purposes, agreed to purchase them." Review Office also indicated that the price is set by the WCB and is not negotiable. On August 4, 2005, the worker appealed Review Office's decision to the Appeal Commission.

Reasons

In this particular case, the worker had agreed to purchase a computer and a chair that had been loaned to him during his vocational rehabilitation program. The worker subsequently failed to complete the transaction as in his mind the price was too high. The worker then refused to return the equipment to the WCB and kept possession of the goods instead.

Conversion is defined as an unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another to the exclusion of the owner's rights.

The WCB's policy with respect to establishing a price for items it intends to sell is based strictly on depreciation considerations. We consider the WCB's price setting method to be a reasonable process. By his refusing to return the equipment and by his retaining possession of same, the worker has wrongfully converted the equipment to his own use. The WCB is therefore entitled to receive the depreciated purchase price.

We find that the worker owes the WCB $2015.25. Accordingly, the worker's appeal is hereby dismissed.

Panel Members

R. W. MacNeil, Presiding Officer
A Finkel, Commissioner
M. Day, Commissioner

Recording Secretary, B. Miller

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

Signed at Winnipeg this 10th day of November, 2005