- Health care (vehicle modification)
The worker sustained a compensable head injury on March 5, 2021, and was granted benefits for that injury. On November 11, 2021, the worker claimed an MVA caused by dizziness attributed to the earlier head injury. The WSIB denied benefits related to the MVA, stating the worker was not in the course of employment and vehicle repairs are not covered under the WSIA. The ARO upheld this denial.
The Vice-Chair denied the appeal.Section 32 of the WSIA allows health care benefits including vehicle modifications for independent living but does not cover vehicle repairs. The Tribunal is bound by the WSIA and cannot authorize benefits outside its provisions. The worker argued that driving restrictions and denial of transportation forced driving, leading to dizziness and the MVA, seeking reimbursement for vehicle repairs. The employer asserted the worker was provided transit passes and also challenged the timeliness of reporting the accident. Regardless of whether the worker hit the curb, was in the course of employment, or had driving restrictions, the WSIA does not authorize reimbursement for vehicle repairs. The worker was not severely impaired and did not require vehicle modifications for independent living. Therefore, the appeal was denied and the worker was not entitled to vehicle repair costs.