The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The worker received multiple head and neck injuries in a work related accident in 1978. He asked that the Workers Compensation Board (WCB) pay for a special pillow recommended by his chiropractor. The WCB refused to authorize the purchase of the pillow. The worker appealed the WCB's decision to the Appeal Commission.

A file review was held on May 29, 2006 at the worker's request.

Issue

Whether or not responsibility should be accepted for the purchase of a Tempur-Pedic pillow.

Decision

That responsibility should not be accepted for the purchase of a Tempur-Pedic pillow.

Decision: Unanimous

Background

This worker sustained multiple injuries to his head and neck as a result of a work related accident that occurred on October 5, 1978. The claim was accepted by the Workers Compensation Board (WCB) and various types of benefits and services were awarded to the worker.

In late December 1997, the treating chiropractor prescribed an Obus forme back and seat support for the worker along with a Tempur-Pedic pressure relieving pillow. Based on this request, the file was referred to a WCB chiropractic consultant for an opinion as to whether or not these appliances were a direct result of the worker's October 5, 1978 compensable injury.

On January 7, 1998, the worker was informed that the WCB was accepting responsibility for the costs associated with the Obus forme but was not accepting responsibility for the purchase of the prescribed pillow.

In December 2005, the WCB received another request to cover the costs associated with a Tempur-Pedic supreme pillow. The treating chiropractor's opinion was that the pillow would control the worker's neck discomfort due to developing spondylosis. On January 1, 2006, a WCB medical advisor reviewed the file evidence and concluded that the WCB did not pay for cervical pillows.

On January 13, 2006, the worker was advised that the WCB was unable to accept responsibility for the costs associated with the pillow and cited subsection 27(1) of The Workers Compensation Act (the Act) as a basis for its decision. On February 25, 2006, the worker appealed the decision to Review Office.

In a decision dated March 9, 2006, Review Office confirmed that responsibility should not be accepted for the purchase of the pillow. Review Office indicated that the worker was responsible for buying a personal comfort item such as a pillow and that such a purchase was a personal choice and should not be charged to the employer of record. The worker appealed Review Office's decision and a file review was arranged.

Reasons

Worker's Position:

In a letter to the Appeal Commission dated May 17, 2006, the worker wrote:
"…I have been using a special pillow for the past 20 years that have been paid by WCB - Manitoba because I suffer from chronic neck pain, insomnia and recurrent headaches. Without this cervical orthopedic support I have non refreshing sleep…"

In support of his request, the worker provided a note from his chiropractor which read "I recommend a pillow (therapeutic) for neck and upper back pain." As well a vendor of health aids provided a quote for a specific pillow.

Analysis

The panel has considered the worker's request regarding the purchase of a Tempur-Pedic pillow. The panel notes that this request was brought to the attention of a WCB chiropractic consultant in 1997 and again in 2006. The WCB chiropractic consultant commented that the pillow should not be bought and that any good pillow should provide support. The panel finds that the specific pillow is not necessary for treatment of the worker's condition and that responsibility not be accepted for the purchase of the pillow.

The worker's appeal is denied.

Panel Members

A. Scramstad, Presiding Officer
A. Finkel, Commissioner
M. Day, Commissioner

Recording Secretary, B. Kosc

A. Scramstad - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 19th day of July, 2006