Section 39 (2)

“The matters to which the relevant authority shall have regard in determining the amount of compensation payable in a particular case under subsection (1) include such of the following matters as are relevant in that case:

(a)the likely period during which the alteration, modification, aid or appliance will be required;

There is probably not much point in having alterations, modifications or aids or appliances purchased if the employee is suffering from the effects of short-term impairment.

However, this should not preclude coverage under section 39.  It is simply a consideration to be taken into account when looking at the merits of the case.

(b)any difficulties faced by the employee in gaining access to, or enjoying reasonable freedom of movement in, his or her place of residence or work;

(c)any difficulties faced by the employee in gaining access to, driving or enjoying freedom and safety of movement in, a vehicle used by the employee;

Both (b) and (c) relate to the employee's capacity to be mobile.  Serious consideration should be given to alterations/modifications that will assist this process.

(d)any alternative means of transport available to the employee;

As an alternative to modifying an employee's vehicle, regard should be had to other forms of transport that are available to the employee.

(e)whether arrangements can be made for hiring the relevant aid or appliance;

This type of arrangement may be a better alternative to purchase, where the employee's impairment is of shorter duration.

(f)when the employee has previously received compensation under this section in respect of an alteration of his or her place of residence or a modification of a vehicle and has later disposed of that place of residence or vehicle - whether the value of that place of residence or vehicle was increased as a result of the alteration or modification.”

The employee may have been financially advantaged under this circumstance, and may therefore be reasonably expected to use any profit to alter or modify further purchases.