Decision No. 991 09
A. Baker - M. Trudeau - M. Ferrari
· Expenses (child care)
· Human rights (discrimination) (family status)
· Earnings basis (child care)
The worker suffered a compensable injury in May 2006, and received LOE benefits until October 2006. The worker appealed a decision of the Appeals Resolution Officer denying payment of child care expenses. The worker also claimed that the denial of child care expenses was a breach of the Ontario Human Rights Code.
As an Ontario Works client, the worker selected a licensed day care, then applied for a subsidy through the Day Nurseries Act. Entitlement to the subsidy was tied to the worker’s employment status. The subsidy was cancelled after the worker’s injury. Neither the WSIA nor Board policy explicitly provides for child care expenses as a benefit. The worker argued that the child care expenses were a benefit that should be included as part of her income.
The Panel found that the worker was claiming benefits that simply do not exist, and have not been contemplated, under the WSIA. Child care expenses did not come within the definition of earnings in s. 2(1) of the WSIA. A broad interpretation of earnings to include other forms of non-employment-related compensation not specifically provided for under the WSIA would be outside of what was contemplated by the WSIA and outside of the historic trade-off that is embodied in the compensation scheme.
In order to find that a benefit has been denied in a discriminatory manner in violation of the Human Rights Code, there must first be an obligation, in this case a benefit owing to the worker. There has been a deliberate exclusion of child care benefits from the WSIA, with no language that could be described as potentially giving rise to such benefits. There was no reasonable interpretation that would allow granting of child care benefits under the WSIA. It follows that denial of such benefits is not a violation of the Human Rights Code.
The appeal was dismissed.
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