The Appeal CommissionThe Workers Compensation Act of Manitoba

The worker injured his right hand and wrist during the course of his employment on May 17, 2004. The Workers Compensation Board (WCB) accepted responsibility for the claim and wage loss benefits were issued to the worker.

At the time of the injury the worker was 65 years of age. On April 13, 2006, a WCB case manager advised the worker that his wage loss benefits would end effective May 17, 2006 in accordance with subsection 39(3) of The Workers Compensation Act (the Act) which states,

“Where a worker is 63 years of age or older at the commencement of his or her loss of earning capacity, the board may pay the wage loss benefits for a period of not more than 24 months following the date of the accident.”

On June 13, 2006, the worker appealed the above decision to Review Office. He asserted that it was unfair that his benefits were terminated due to his age, given that he continued to experience pain and had limited function in his right hand. His injury restricted his ability to perform yard work, household maintenance and certain recreational activities.

In a decision dated June 16, 2006, Review Office upheld the case manager’s decision. It concluded that it was bound by subsection 39(3) of the Act and that the worker was not entitled to wage loss benefits beyond May 17, 2006. On July 11, 2006, the worker appealed Review Office’s decision and a file review was arranged.