- Health care (independent living devices) (hobby equipment) (all terrain vehicle)
- Health care (vehicle purchase)
The worker was a severely impaired injured worker with an assessed 84% whole person permanent impairment or non-economic loss (NEL) benefit, including for an above the knee amputation. The sole issue under dispute was the worker's entitlement to an All-Terrain Vehicle (ATV) (side-by-side) vehicle.
The appeal was allowed. The worker submitted that the vehicle was required for a dual purpose, to access her large rural property and to participate with her partner in recreational off-roading activity. The worker's representative submitted that the ATV was requested under OPM Document No. 17-06-03, "Independent Living Devices", authorized as either a mobility device or as hobby equipment. The Panel agreed that the provision of an ATV side-by-side type vehicle was an appropriate expense for hobby equipment. It was noted that the policy statement on the provision of hobby equipment is limited: "If the impairment prevents a severely impaired worker from pursuing a hobby, the WSIB may provide hobby equipment specifically designed or adapted to the worker's needs." There is no further direction or guidance under the policy as to what type of hobby equipment or expense would be appropriate. It is noted, however, that the provision of hobby equipment needs to comply with the objectives of the policy document and must meet the listed eligibility criteria.The Panel found the worker's testimony to be compelling. It was noted that the worker's hobby provided her with health benefits, improved socialization and her sense of well being. With respect to the other criteria, an ATV vehicle had been recommended by a health professional, an occupational therapist. The vehicle also met the safety standards appropriate for the type of vehicle. While the activity of off roading has inherent risks, the Panel did not believe it would pose any special risk of aggravation to the worker's listed impairments (see Decision No. 1413/13). The suggested ATV type vehicle was noted to be equipped with a roll bar and a five point seat belt type harness that would also mitigate some of the risks.OPM Document No. 17-06-03 specifically excludes the purchase of lawn tractors and snow blowers. The Panel clarified that this exclusion is specific to such devices that would serve to duplicate the services available under the Independent Living Allowance, such as items to be used for lawn care or yard maintenance. It would be incorrect to infer that this policy excludes the allowance of recreational type vehicles. The Panel found no such exclusion under current Board policy directives.