Decision #01/08 - Type: Victims' Rights
Preamble
A file review was held on November 29, 2007 at the claimant’s request.
Issue
Whether or not the claimant is entitled to an increase in the $.26 per kilometer rate currently being paid to him.
Decision
That the claimant is not entitled to an increase in the $.26 per kilometre rate currently being paid to him.
Decision: Unanimous
Background
The claimant filed a claim with the Criminal Injuries Compensation Board (the CICB), presently known as the Compensation for Victims of Crime Program (the Program) on June 27, 1995 for an assault that took place on June 14, 1995. At the time of the assault, The Criminal Injuries Compensation Act (the CICA) was in effect.
In 2007, the claimant questioned why the Program did not reimburse him the current travel allowance of $.33 per kilometre being paid to workers under The Workers Compensation Act (the WCA). In a response dated March 13, 2007, the Program’s manager advised the claimant of the following:
“…claimants who were injured prior to January 4, 1999 were subject to the provisions of the Criminal Injuries Compensation Act and regulations that were in effect at the time of their injury. The Criminal Injuries Compensation Board was being administered by staff from the Worker’s Compensation Board until 1999 and accordingly some of the procedures that were used for WCB claimants were also used for claimants under the Criminal Injuries Compensation Act. This Act was repealed and replaced by the Victim’s Bill of Rights in 1999 and at that time, administration of the program was transferred to Manitoba Justice staff who developed their own policies and procedures.
Initially, the Compensation for Victims of Crime Program continued to pay travel expenses at the same rate as WCB of 26 cents/km but effective November 2001, the Director signed a policy that reduced the rate to 13 cents/km. This policy was in effect for all claimants who filed a claim after this date and accordingly did not affect claimants who were already receiving the 26 cents/km. Attached is a copy of the policy for your reference.
...claimants who filed claims under the Criminal Injuries Compensation Act continue to be subject the provisions under that Act and its regulations. However, the current administrators of the program are not required to implement any new policies and procedures that are used by the Worker’s Compensation Board to administer their claims.”
On March 23, 2007, the claimant requested reconsideration of the above decision on the grounds that the Program’s manager “…is attempting to implement legislation that does not apply to me.” On April 11, 2007, the Program’s Director confirmed that the decision made on March 13, 2007 was correct. On May 2, 2007, the claimant appealed the decision to the Appeal Commission and a file review was arranged.
Reasons
Claimant’s Position
The claimant provided a written submission dated November 7, 2007 to the Appeal Commission dealing with his request for an increase in the kilometer rate that he is paid for travel related to his claim. He informed the panel that a Workers Compensation Board (WCB) staff person advised him that WCB claimants are paid the same mileage rate as government employees. He submits that CICA claimants should receive the same rate. He asked the Appeal Commission to review the applicable policy and determine whether claimants are entitled to receive the staff mileage rate.
Analysis
The issue before the panel is whether the claimant is entitled to an increase in the $.26 per kilometer rate currently being paid. The panel has considered this issue and finds that the claimant is not entitled to an increase in the kilometer rate.
The panel notes that the claimant’s claim arose under the CICA which was in force at the time of his injury. Although this act was revoked, it continues to apply to the claimant’s case. At the time the Program took over responsibility for the claimant’s file, the rate for mileage reimbursement was set at $.26 per kilometer. The program has recognized this rate and continues to pay this rate for claims under CICA. This is set out in the Program’s Travel Expenses Policy effective November 5, 2001. For new claims the Program is paying a reduced rate.
Information provided by the claimant indicates that the WCB is paying its claimants at a higher rate than that paid to the claimant under CICA. The panel notes there is no provision under the CICA, the WCA nor The Victims Bill of Rights that requires the Program must pay claimants mileage at the same rate as the WCB. As well, the panel could not find any policy under the former CICB that requires payment at such a rate. As such, the panel finds that the applicable rate continues to be $.26 per kilometer.
The panel finds no basis to adjust the mileage rate paid to the claimant.
The appeal is declined.
Panel Members
A. Scramstad, Presiding OfficerA. Finkel, Commissioner
M. Day, Commissioner
Recording Secretary, B. Kosc
A. Scramstad - Presiding Officer
Signed at Winnipeg this 16th day of January, 2008