K. Azzopardi

The employer appealed a decision by the Account Specialist regarding the effective date of its reclassification and the retroactive cancellation of mandatory construction coverage for its executive officers.

The employer sought to have its reclassification from Custom Welding to Other Machinery and Equipment Operation made retroactive to the account's inception in 2011, rather than January 1, 2018.

The employer also requested that mandatory coverage for executive officers be cancelled retroactively to January 2013.

The Appeals Resolution Officer dismissed the appeal, finding that under Policy 14-02-06, the notification date was July 2018, limiting retroactivity to January 1, 2018.

The Officer also found no exceptional circumstances under the Merits and Justice Policy to warrant departing from the standard rules for either the classification retroactivity or the mandatory coverage exemption.

The employer appealed a WSIB Auditor's decision regarding the effective date of an executive officer's exemption from mandatory coverage in the construction industry.

The employer sought retroactive exemption to January 1, 2013, or alternatively, retroactive reclassification of earnings to Rate Group 755-11.

The Appeals Resolution Officer denied the appeal, finding that the exemption form was not received until February 24, 2015, and that the employer failed to submit the required application for Rate Group 755-11.

No exceptional circumstances justified departing from WSIB policies.

The employer appealed a WSIB audit decision that granted an executive officer exemption from mandatory coverage effective July 21, 2016, the date the declaration was received.

The employer sought retroactive exemption to January 1, 2014, arguing estoppel by representation because the WSIB's forms allegedly misled the employer into continuing to deduct executive officer earnings.

The Appeals Resolution Officer dismissed the appeal, finding no evidence of misrepresentation by the WSIB and noting that the legislation and policy clearly state the exemption takes effect only on the day the declaration is received.

The employer objected to the 2014 and 2015 Period Reconciliation not Reported (PRNR) charges on its Workplace Safety and Insurance Board account.

The employer argued that as a small business, it was difficult to navigate the reporting requirements and requested cancellation of the penalties.

The Appeals Resolution Officer found no justification for complete cancellation but applied the WSIB's 2008 guidelines, which allow for revision if a penalty exceeds 10% of the annual actual assessment.

The 2014 PRNR charges exceeded this threshold and were reduced to 10% of the 2014 premium.

The 2015 charges did not exceed the threshold and were confirmed.

The objection was allowed in part.