The Appeal CommissionThe Workers Compensation Act of Manitoba

Preamble

The claimant is appealing the decision by the Manitoba Compensation for Victims of Crime Program that he is not entitled to reimbursement of accommodation and parking expenses without receipts. A file review was held on October 16, 2019 to consider the claimant's appeal.

Issue

Whether or not the claimant is entitled to reimbursement of accommodation and parking expenses without receipts.

Decision

That the claimant is not entitled to reimbursement of accommodation or parking expenses without receipts.

Background

On December 23, 1981, the claimant filed a claim for compensation with the Criminal Injuries Compensation Board, presently known as the Compensation for Victims of Crime Program (the "Program"), as a result of an assault that occurred on December 4, 1981. The claim was accepted and benefits have been paid.

The claimant has had to travel outside his home community to attend medical appointments and treatments relating to an eye injury which he suffered as a result of the December 4, 1981 incident. On December 23, 2018, the claimant requested that the Program review trips to medical appointments he had attended and determine the amounts he was entitled to for accommodations and meal allowances.

On January 10, 2019, the Acting Manager of the Program advised the claimant that he was eligible for meal allowances on 26 trips for which he had received mileage. The Acting Manager noted that while the claimant had apparently not requested meal allowances until his most recent trip of December 17, 2018, the Program had not brought it to his attention that he might be eligible for reimbursement. It was noted that the Program had a policy that meal allowance payments may be owed in situations where a claimant has to travel to a location more than 100 km (one way) from their home community in order to attend a medical appointment or treatment related to an injury sustained as a result of the eligible criminal incident. The 26 trips which were approved for meal allowances, dating from November 8, 2004 to June 4, 2018, reflected all of the trips the Program was able to verify through their records. The Acting Manager further advised the claimant that the Program did not have enough information to review his request for accommodation expenses, and asked that he provide additional information, including receipts from hotels where he had stayed.

On February 22, 2019, the claimant requested that the Program reconsider its decision with respect to the requirement that he submit receipts for accommodation and parking expenses.

On March 12, 2019, the Acting Executive Director of the Program advised the claimant that the Program could not reimburse him for accommodations or parking without receipts. The Acting Executive Director noted that the claimant had submitted receipts for accommodation expenses in the past, and advised that receipts similar to the hotel receipt the claimant had submitted in April 2013 were required in order to reimburse accommodation expenses. The Acting Executive Director concluded that the Program was unable to reimburse the claimant for accommodation or parking expenses without official receipts detailing the exact amount that was paid.

On March 27, 2019, the claimant appealed the Program's decision denying accommodation and parking expenses to the Appeal Commission, and a file review was arranged.

Reasons

Applicable Legislation

The claimant's claim arose under The Criminal Injuries Compensation Act (the "CICA") which was in force at the time of his injury. Although the CICA has since been repealed and replaced by The Victims' Bill of Rights (the "VBR"), the claimant's claim continues to be governed by the provisions of the CICA in accordance with subsection 72(2) of the VBR.

Subsection 12(1) of the CICA, as it read at the time of the claimant's injury, provided in part that:

Basis of compensation

12(1) Compensation may be awarded by the board in respect of any one or more of the following matters; (a) expenses actually and reasonably incurred as a result of the victim's injury or death and any other expenses that, in the opinion of the board, it was necessary to incur;…

Claimant's Position

The claimant provided a written submission in support of his appeal. The claimant's position was that he has been unable to obtain receipts for parking or accommodation expenses, and is entitled to be compensated for such expenses without providing receipts.

In earlier submissions on file, the claimant indicated that he had incurred some expenses for accommodations, especially in winter, when he had travelled to the treating community the night before his appointment because of concerns with the weather and road conditions. He indicated that he had stayed overnight on about half of the trips he had taken to one community in particular. He said he had not stayed at fancy places as he could not afford to do so. He said he could not locate receipts as he sometimes paid by cash, and other times paid with different credit cards.

The claimant said he was never informed that he could be compensated for such expenses. He had only submitted one receipt for lodging, as it was more than he usually paid and was the only place available at the time without driving through the city. He indicated that he remembered one hotel where he had stayed, but when he called to inquire about getting receipts, he was told there had been a change of ownership and it would be impossible to locate receipts.

The claimant noted that the Program pays a basic rate for food or meal allowances. The Program also pays for lost wages, although at a reduced rate, based on a formula they apply. The claimant submitted that the Program must similarly have a maximum rate or expense formula for the costs of accommodation, and should be paying him for lodging on that basis as well.

With respect to parking expenses, the claimant submitted that city parking authorities do not provide receipts for parking at parking meters or in a parkade. He said he had called the city and parking authorities and asked if he could get receipts, and their reply was "how do we know you were there, + length of time, on those dates."

Analysis

The issue before the panel is whether or not the claimant is entitled to reimbursement of accommodation and parking expenses without receipts. For the claimant's appeal to be successful, the panel must find, on a balance of probabilities, that the claimant actually and reasonably incurred accommodation and travel expenses as a result of the December 4, 1981 incident or that it was necessary to incur such expenses. The panel is unable to make that finding, for the reasons that follow.

As previously stated, subsection 12(1) of the CICA allows for compensation to be awarded in respect of expenses "actually and reasonably incurred" as a result of the victim's injury or other expenses which were "necessary to incur." 

Accommodation

The Program has established Policy 6.5.3, Accommodation Provisions & Meal Allowance Rates, which provides that the Program will compensate victims of crime for meal and accommodation expenses in a situation where the victim must travel outside their home community to attend medical appointments or to receive other specialized care or services that have been approved by the Program, but are not otherwise available in their home community.

With respect to accommodation, the Policy provides that accommodation requests and overnight lodging may be approved in certain conditions, including where the claimant's appointment/testing is scheduled very early in the day and it is only logical that they travel to the treating community the evening prior to the appointment. The Policy further provides that Program staff will attempt to make all necessary arrangements for any overnight stays, and that if arrangements are made for overnight stays without the Program's assistance "all original travel receipts/documents must be submitted for review and consideration" and "only the most economical accommodation arrangements will be considered for reimbursement."

The claimant has stated that he has incurred accommodation or lodging expenses, but has been unable to obtain or provide receipts for such expenses. The claimant's position is that he is entitled to be reimbursed or compensated for such expenses without such receipts.

The panel notes that although the claimant said he was never informed that he could be compensated for such expenses, information on file shows that he submitted a receipt for a hotel stay relating to an appointment with his treating ophthalmologist in April 2013, for which he was reimbursed in full. The panel is of the view that the claimant would have known, or ought reasonably to have known, that he could seek reimbursement for accommodation expenses and that receipts would be required to validate such expenses.

The claimant suggested at one point that he may have stayed overnight on 7 out of 15 trips to one community in particular. The claimant has provided little or no evidence with respect to any such stays, including details as to where he may have stayed, when he stayed there, why it was necessary to stay overnight in each instance and the amount paid for the accommodation. In the absence of receipts and/or sufficient other evidence in this regard, the panel is unable to find that any such accommodation expenses were reasonably or actually incurred as a result of the claimant's injury or were necessarily incurred as required under the CICA.

In addition, or alternatively, the claimant argued that the Program should be paying him for lodging or accommodation costs based on a maximum rate or formula, similar to what the Program does when paying meal allowances and compensation for wages lost to attend medical appointments and treatments. The panel does not accept that argument. In the panel's view, accommodation costs are not like meal allowances, where a set amount is provided to help cover the cost of a meal when an individual is required to be away from home for a particular length of time, nor are they like wage loss benefits, which are paid based on evidence of actual wages lost to attend an appointment. Numerous additional considerations apply with respect to accommodation expenses, including the need for such accommodations on any particular occasion, the cost of the accommodations and possible alternative arrangements.

Parking Expenses

The Program had also established Policy 6.5.2, Travel Expenses, which provides that the Program will compensate claimants for reasonable travel expenses where a claimant is required to travel outside their home community to attend medical appointments or treatments because the service is not available in their community. It is noted that these services must be required as a direct result of a compensable criminal injury and supported by the appropriate documentation.

With respect to parking, the Policy states that when a claimant has to attend an appointment outside their home community, parking expenses may also be claimed when using a privately-owned vehicle. The Policy goes on to state that:

The claimant shall provide the original parking receipt and it must coincide with the date and time of the claimant's appointment. Parking expenses are reimbursed at the actual amount paid.

In his submission, the claimant has stated that parking authorities do not give out receipts for parking in parkades or parking lots. The panel does not accept that general assertion. Further, or in any event, the panel notes that there is insufficient evidence on file, and the claimant has provided little or no other information, to indicate what parking expenses he may have incurred, if any, while attending different medical appointments or treatments over the years.

The panel notes the claimant's comment that when he called the parking authorities to inquire about obtaining receipts, they asked how they would know he was there, and for how long, on particular dates. In the panel's view, the same considerations would apply with respect to the claimant's request that the Program reimburse him for parking expenses. Accordingly, in the absence of receipts or other evidence of amounts which were actually paid, if any, for parking as related to medical appointments or treatments, the panel is unable to find that the claimant incurred or is entitled to be reimbursed or compensated for any such expenses.

Conclusion

Based on the foregoing, the panel finds, on a balance of probabilities, that the evidence does not establish that the claimant actually or reasonably incurred accommodation or parking expenses as a result of the December 4, 1981 incident or injury or that it was necessary to incur such expenses. The panel therefore finds that the claimant is not entitled to reimbursement of accommodation or parking expenses without receipts.

The claimant's appeal is dismissed.

Panel Members

M. L. Harrison, Presiding Officer
P. Challoner, Commissioner
M. Kernaghan, Commissioner

Recording Secretary, J. Lee

M. L. Harrison - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 13th day of December, 2019