Decision #03/03 - Type: Victims' Rights

Preamble

A non-oral file review was held on July 22, 2003, at the claimant's request.

Issue

Whether or not there is entitlement to additional wage loss benefits.

Decision

That there is no entitlement to additional wage loss benefits.

Decision: Unanimous

Background

The claimant was the victim of a stabbing incident that took place in March 2002 which resulted in his death. A claim was submitted by the victim's family and responsibility for the claim was accepted by the Compensation for Victim's of Crime (CVC) program.

In a letter dated April 11, 2002, the victim's spouse (applicant) was advised by the CVC program that she was entitled to a payment of $2,706.00 which was equivalent to 3 months of full time employment. This decision was reached in accordance with Section 8 of the Regulation which allowed the CVC to pay a benefit based on 55% of a victim's gross income (i.e. $4,885.00) earned during the 12 months prior to the incident.

In response to a letter written by the applicant dated June 12, 2002, the CVC program determined that the spouse's eligibility for ongoing wage loss benefits would cease as she was receiving income from other sources, i.e. Canada Pension Plan benefits.

On August 28, 2002, the assistant deputy minister of the Criminal Justice Division wrote to the applicant stating, in part, the following:
"It is my understanding that you are requesting that we provide you with a lump sum settlement for the wage loss rather than receiving monthly payments. This request was initially denied. In addition, it was later determined that you are in receipt of CPP benefits. Section 59(3) of The Victims' Bill of Rights requires that the Compensation for Victims of Crime Program does not duplicate benefits from other programs. As a result, the CPP benefit must be deducted from benefits paid by the Compensation for Victims of Crime program. In effect, the receipt of the CPP benefits resulted in a termination of your compensation benefits."
On October 9, 2002, the applicant requested reconsideration of the previous decisions which determined that she was to receive an annual wage loss benefit of $2,706.00 and the subsequent decision to terminate her wage loss benefits. On October 15, 2002, the CVC's director confirmed that both of these decisions were appropriate. The applicant appealed the decision that she was not entitled to additional wage loss benefits and a non-oral file review was conducted on July 22, 2003.

Reasons

The Victims' Bill of Rights (the Bill) confers on individuals the right to make an application for compensation in respect of a victim who is injured or dies as a result of an event (criminal or preservation of the peace) that occurs in Manitoba. The definition of "victim" also includes the individual's spouse, parent, child, brother and sister. According to section 48 of the Bill, "Compensation payable to dependants of a victim in respect of the victim's death is determined in accordance with this Act and the regulations, and consists of expenses incurred by the victim in respect of the victim's death and, (a) for the spouse of the victim, compensation for loss of the victim's wages; and (b) for a dependant other than a spouse, compensation in the form of a monthly payment."

In the particular case at hand, the applicant is the spouse of a deceased victim, who died following an assault occurring in the late evening hours of March 28th, 2002. The spouse's application for compensation for loss of the victim's wages was accepted and she was advised that she would be eligible for a wage loss benefit amounting to $2,706.00. The applicant disagreed with the amount of compensation and subsequently appealed this issue to the Director of the program.

The Director upheld the initial decision with respect to the amount of wage loss entitlement. His decision was determined in accordance with the regulation to the Bill which states that a victim's spouse is eligible to receive compensation for the loss of the victim's wages at the rate of 55% of gross income. In addition, the program calculates the amount of the benefit based on reported income earned by the victim in the year immediately prior to his or her death.

After a review of the financial information on file, we find that the amount of the victim's spouse's benefit was calculated correctly as set out by the Bill and regulation.

As part of the calculation of the amount of the victim's spouse's benefits, the evidence disclosed that the widow was also in receipt of CPP benefits. According to section 59(3) of the Bill, the victim's spouse is not entitled to duplicate benefits from other programs. Benefits payable by virtue of the Bill are secondary to any received under CPP and/or other programs. We further find, therefore, that the victim's spouse's entitlement to further wage loss benefits beyond the $2706.00 has been correctly terminated inasmuch as the CPP benefits exceed what wage loss benefits would ordinarily be payable under the Bill.

As such, there is no entitlement to additional wage loss benefits to the applicant.

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 28th day of August, 2003

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