Workplace Safety and Insurance Board
Appeals Resolution Officer Decision
DECISION NUMBER: 20090062
OBJECTION BY: Widow
WORKER: Deceased
EMPLOYER: (Not participating)
ISSUE
The worker’s widow requests reimbursement of airfare for her daughter, son-in-law, and two grandchildren to travel as a result of the illness and death of the late worker.
HOW THE ISSUE ARISES
This claim was allowed for the late worker’s mesothelioma, which resulted in his unfortunate passing.
The widow requested that the Workplace Safety and Insurance Board (WSIB) reimburse her for the cost of an airline ticket for her daughter, son-in-law, and two grandchildren to travel from Utah, USA to Ontario for the worker’s funeral.
The widow, acting on her own behalf, agreed to the decision being based on the information on file.
AUTHORITY
Operational Policy Manual Documents:
- 17-01-02 Entitlement to Health Care.
RESOLUTION METHOD AND PROCESS
This decision is made with the information on file.
ASSESSMENT OF THE EVIDENCE
The worker’s widow notes that her daughter had initially attended to the care of the worker during the period when he was incapacitated prior to his passing away. Her son-in-law and two grandchildren later flew from Utah, USA to Ontario for the funeral.
The widow requested that the WSIB reimburse for the airline tickets, for her daughter, son-in-law, and two grandchildren.
Under the Workplace Safety and Insurance Act (the Act), there is no provision for the reimbursement for expenses incurred by individuals other than the worker or spouse. Coverage of benefits under the Act is limited to the worker, or in the case of death, to the spouse.
There is therefore no statutory coverage for applicable expenses other than to workers or spouses.
From a merits and justice perspective, entitlement would not be in order as the Act does not provide for coverage of any type of expenses for individuals other than the worker or direct spouse. To expand coverage beyond that allowed by the Act would not be in keeping with the spirit and intent of the legislation. Financial costs of such an expansion of coverage, in the absence of legislation, would likely be prohibitive and a significant burden to the Accident Fund. Therefore, from a merits and justice perspective, there is no merit to granting the objection.
CONCLUSION
The widow is not entitlement to reimbursement of the claimed travel expenses for her daughter, son-in-law, and two grandchildren.
The worker’s widow’s objection is denied.
DATED December 2, 2009
N. Kissoore
Appeals Resolution Officer
Appeals Branch