Highlights of Noteworthy Decisions

Decision 904 13
A. Baker (FT) - B. Wheeler - R. Lebert
  • Second accident (during rehabilitation)
  • In the course of employment (travelling) (for treatment)

The worker suffered a low back injury, for which he was granted a 23% NEL award. The worker appealed a decision of the Appeals Resolution Officer denying entitlement for subsequent injuries suffered in a motor vehicle accident as he was proceeding to the premises of the LMR service provider.

The accident occurred as the worker was turning into the private laneway of the service provider. Evidence indicated that the worker's vehicle was at least partially on the premises of the provider. The Panel concluded that the worker had arrived at the premises and that, accordingly, he was no longer in transit. Thus, the Board policy on travelling was not applicable.
It is well established that a worker is not eligible for benefits for an injury suffered on the premises where an LMR program is taking place if the injury is unrelated to the program. That was the situation in this case. The accident occurred on the premises of the LMR provider but did not arise in any way from the LMR program itself. Accordingly, the motor vehicle accident was not compensable.
The appeal was dismissed.