- Travel expenses (meals)
The self-represented worker appealed a decision of the ARO, which concluded that the worker did not have entitlement for the reimbursement of meal expenses while attending medical appointments on July 6, August 31, and October 26, 2022.
The Panel allowed the appeal, in part.Since the worker was injured in 1987, the pre-1989 Workers' Compensation Act was applicable to this appeal. OPM Document No. 17-01-09, "Travel and Related Expenses," applies to all expenses incurred on or after March 1, 2021, for all accidents. OPM Document No. 17-01-09 provides that the WSIB pays for all reasonable expenses incurred, "on the direction or approval of the WSIB," which includes meal expenses. The "Meal Allowance Guidelines for Travel" is used by the WSIB to determine how to manage meal allowances. These guidelines indicate that a worker is not entitled to meal allowances for round trip travel of distances from 0 to 139 kilometres. The guidelines also acknowledge that there may be special circumstances where a worker requires exceptional meal allowances, and each scenario should be considered on a case by case basis.The Panel found that the worker had entitlement for the reimbursement of meal expenses while attending medical appointments on July 6 and August 31, 2022 in accordance with OPM Document No. 11-01-03, "Merits and Justice." The Panel agreed that the worker may not have been aware of the WSIB's policy on meal reimbursement, which requires prior approval from the WSIB, as the worker had only recently been claiming for meal expenses. The worker was likely not made aware of the need for prior approval until the ARO decision of August 31, 2022 which provided that information, and instructed the worker to discuss the issue of meal expenses with the WSIB prior to incurring any further meal expenses. The Panel found that the worker was not entitled to the reimbursement for meal expenses while attending his medical appointment on October 26, 2022. As this date was after the ARO decision of August 31, 2022, the Panel found that the worker was aware that he required approval from the WSIB prior to incurring any further meal expenses. The evidence did not indicate that the worker obtained prior approval from the WSIB for his meal expense on October 26, 2022. The worker would also not be entitled to the reimbursement of his meal on October 26, 2022 as the round trip was less than 140 kilometres. The worker did not identify any special circumstances on October 26, 2022 which would support an exceptional meal allowance. The Panel also found that the worker had flexibility in scheduling his appointment on October 26, 2022, and lunch was not a reasonable expense incurred on October 26, 2022 in relation to the claim.