WORKPLACE SAFETY AND INSURANCE BOARD
APPEALS RESOLUTION OFFICER DECISION
Decision nUMBER: 20090056
OBJECTION BY: Worker
EMPLOYER: No longer in business
ISSUE
The worker requests entitlement to a wide band receiver for broadcast stations.
HOW THE ISSUE ARISES
The worker was a 31 year old welder at the time of his accident on November 12, 1970 when a piece of steel flew into his left eye while he was welding. He was initially diagnosed as having a foreign body in his left eye with secondary iritis. He continued to experience difficulty with his left eye and subsequently with his right and eventually lost vision in both eyes. The Appeals Branch accepted entitlement to total blindness in a decision dated June 20, 1986 and the worker received a 100 per cent permanent disability award for bilateral blindness.
As a severely impaired worker, he is entitled to independent living devices and in a letter dated March 18, 2008, he requested entitlement for a wide band receiver for broadcast stations. The adjudicator in the serious injury program denied entitlement and informed him in a letter dated April 3, 2008. The worker is objecting to this decision.
AUTHORITY
Workplace Safety and Insurance Board (WSIB) Operational Policy Documents:
11-01-02 - Decision-Making
17-06-03 - Independent Living Devices
17-07-06 - Health Care Equipment and Supplies
RESOLUTION METHOD AND PROCESS
I discussed and confirmed the issue on objection with the worker and agreed a decision could be made with the evidence in the file and an additional statement from him. The accident employer is no longer in business.
ASSESSMENT OF THE EVIDENCE
I have reviewed the record and considered the evidence.
The worker, in his letter to the adjudicator dated March 18, 2008, outlined that watching television is not a viable option for him as he tends to be disruptive to those watching television with him. He stated because he is visually impaired, he has to constantly ask his family to explain what is happening on the television screen. He indicated he likes to listen to the radio for entertainment but he has difficulty doing this because his vision impairment limits his ability to change stations and bands. He described a radio that is now available, the ICOM IC R9500, that has a voice synthesizer and key pad entry that announces the frequency and mode as well as storing memories. He outlined the cost of this unit as $14,550.00 for the base unit required digital module and external antenna.
In a letter dated May 27, 2009, he outlined the receiver he is requesting is not an amateur radio and does not fall under the category of hobby. He reported listening to the radio as a necessity of life for those who are visually impaired as he does not receive the same enjoyment as others from watching TV. He described listening to the radio as an integral part of everyday living in that it allows him to keep informed of what is going on in the world around him locally and in the world as a whole by listening to the news. More importantly, it is a mood enhancer by allowing him to listen to music and various talk shows. He stated he is unable to switch between stations and know where he is because he cannot read the screen on conventional radios. The radio he is requesting reads out the frequency or the station and can guide him by voice to where he wants to be.
The claims adjudicator reviewed the evidence and indicated in a letter dated June 19, 2008 that under the policy, the quality of life is divided into sports, hobbies and family life. The adjudicator reported the worker had specialized radios allowed under that policy and there is no provision for a specialized radio receiver above the hobby. He further indicated the independent living allowance is to be used to pay for services and devices which help a worker live more fully and independently and it is left to the discretion of the worker how the money is spent. He further noted there is no justification for the purchase of a specialized radio receiver considering the worker has been supplied with radios for his hobby and the independent living allowance is to be used for this requested unit.
In a discussion with the worker on October 19, 2009, he confirmed this radio is the only radio that will allow him to be independent in accessing and changing radio stations and bands. I questioned whether he cannot access this information by computer as many radio stations are available on the internet. The worker informed me some websites are very difficult to navigate and the software he has that allows him to listen to sounds from the internet is only good for basic things. He stated he tried at access at least six to seven stations but had difficulty in finding the links. He indicated his daughter saved some links for him but the websites or software are updated constantly so the information that is saved is no longer valid. He demonstrated to me how the system works while I listened on the telephone. It was evident that the system reads all the details on the screen to give him a complete picture of the screen.
The worker stated he likes to listen to talk shows and talk shows on the radio are different from those on television as the television is designed so that people need to see what is going on to fully appreciate the programs. He states he would like to know what is going on in the community and in the world and has no communication at all. This radio would allow him first hand access to local and world news. Additionally with this radio he would not have to listen to one station all the time as he would be able to change the stations unlike with a conventional radio. He confirmed he is able to access the Toronto Star on the internet but he is limited in accessing the radio stations that he would like to.
A review of the file shows the worker has a VHS/UHF radio which allows the worker to communicate locally and internationally. He also has a computer equipped with a device that allows him to read books, correspond and type his own letters. He confirmed he has access to the local newspapers which would contain both local and international news.
I considered the worker’s request and the impact on his quality of life. The worker’s main argument is that such a radio would allow him direct and immediate access to local and international news as well as keeping him informed by listening to talk radio. I considered in particular whether this device will promote the worker’s ability to integrate into the community, be productive or live independently. I acknowledge the worker’s argument and while I find it would be very convenient for him to have a radio that announces stations and bands, I do not find this is a necessary device to satisfy the WSIB policy requirement for quality of life issues for the following reasons:
The worker described himself as feeling cut off from the outside world as he is unable to navigate a conventional radio unless he is able to see the dial. I have difficulty in accepting the worker does not have access to the outside world as the record describes in detail his interactions with the outside world (local and international) via his VHS/UHF radio.
The worker has access to local and international news via sources which he confirms are readily accessible.
The worker has access to local and international news via the internet. He described his current system as limited in his ability to access news websites like the CBC as the websites change frequently and furthermore his system is not sophisticated enough to navigate his mouse to access the websites. I find this confusing as the worker’s system reads all the items on the computer screen and he can access websites of his choice as he demonstrated accessing Google to me. It is unclear to me why he would be unable to access the radio stations’ websites much as he would access a search engine like Google or any other website he wished to visit.
Having a radio that will announce radio station and bands would be very convenient but in my view providing the worker with such a radio is a duplication of the services he already has as there is no evidence to suggest this radio will provide any new service to which the worker does not currently have access.
CONCLUSION
I conclude the worker is not entitled to the wide band radio receiver.
The worker’s objection is denied.
DATED October 27, 2009
D. Hart
Appeals Resolution Officer
Appeals Branch