The Appeal CommissionThe Workers Compensation Act of Manitoba

Background

As indicated in the preamble, the worker has had 2 injuries to her left wrist. These injuries as well as their sequelae have significantly impaired the worker’s left hand and wrist to the extent that it is essentially non-functional.

A home assessment was done by a WCB rehabilitation specialist on November 21, 2005. At that time, it was noted that the worker was right-handed. She was independent in much of her daily living tasks but had difficulty with tasks that required use of her left hand. The worker does not have full assistance from her spouse or children given their own personal concerns. She also finds that her injury and treatment for it are tiring and deplete her energy. The medical evidence on file indicates that the worker’s left hand and wrist symptoms continue to be symptomatic.

Analysis

We note this case arises under the provisions of the Government Employees Compensation Act (“the GECA”). The GECA provides that workers are entitled to receive compensation at the same rate and under the same conditions as are provided under the law of the province where they are usually employed.

Subsection 27(20) of The Workers Compensation Act of Manitoba provides that the WCB may make such expenditures it considers necessary to assist a worker for such period of time as it determines where, as a result of an accident, the worker requires assistance in the activities of daily living.

Subsection 27(20) is a permissive provision. It essentially allows the WCB to determine the type, amount and extent of assistance it pays to workers who require assistance in the activities of daily living. The degree to which the WCB has determined it will provide such assistance is set forth in the Policy.

The Policy distinguishes between 2 types of workers – those who are defined to be ‘injured’ and those who are defined to be ‘severely injured’.

An ‘injured’ worker is a person who suffers an injury as a result of a work related accident and whose claim for compensation benefits has been accepted by the WCB.

A ‘severely injured’ worker is a person who requires temporary or permanent assistance with communication, mobility or self-care as a result of the workplace accident. While not exhaustive, the list of injuries considered to be severe comprises injuries that result in significant mental health difficulties or loss of bodily function as a result of more than one limb amputation:

• Major limb amputations;
• Significant brain injuries;
• Severe multiple fractures;
• Significant ongoing mental health difficulties;
• the final stages of a terminal occupational illness;
• paraplegia / quadriplegia;
• severe respiratory condition;
• significant sight impairment; or
• wheelchair confinement.

In some cases, a worker may have loss of function in several limbs which is tantamount to major limb amputations, thereby bringing him or her within the scope of this definition.

In reviewing the evidence before us, we are unable to find, on a balance of probabilities that the worker is a ‘severely injured’ worker. While we accept that she has essentially lost, at least at the present time, a great deal of function of her left wrist and hand, she still has the use of her right hand, which is her dominant hand. She is therefore an ‘injured’ worker under the Policy and entitled to 6 months of ILA.

Further, while we have turned our minds as to whether the worker might have unique circumstances that might nonetheless entitle her to a further ILA, we are unable to make that finding. The worker’s case is unfortunately not a unique one. Many workers continue to have difficulty with the tasks of daily living beyond the 6 months of ILA and have limited resources, financial or otherwise. While we understand the difficulty that faces these workers, the intent of the Policy is to provide limited short-term assistance.

As the worker was provided 6 months of ILA, we find that the worker is not entitled to an ILA beyond May 30, 2006.