APPEALS RESOLUTION OFFICER DECISION
DECISION NUMBER: 20240024
OBJECTING PARTY: employer
REPRESENTED by: EMPLOYER REPRESENTATIVE
RESPONDENT: worker (Not participating)
REPRESENTED by: n/a
HEARING: HEARING IN WRITING
HEARD by: J.L. Hughson, appeals resolution officer
ISSUES
The employer objects to the Eligibility Adjudicator’s (EA) decision dated August 1, 2023, which determined that the employer would be fined $250 for late reporting of an accident or recurrence.
BACKGROUND
On July 11, 2023, this Mechanic was working on a jobsite when sand went into their eyes, causing discomfort. They reported their injury to their employer and sought medical treatment on the date of injury, before returning to their regular job duties without losing time. The employer submitted the Employer’s Report of Injury (Form 7) to the file on July 27, 2023. On July 28, 2023, the claim was allowed for initial entitlement to health care benefits for eye injuries.
On August 1, 2023, the EA applied a $250 fine to the employer’s account due to late reporting of the worker’s accident.
The employer objects to the decision dated August 1, 2023, and this issue is now before me.
AUTHORITY
Operational Policy Manual
Published
15-01-02 Employers’ Initial Accident-Reporting Obligations
April 9, 2021
ANALYSIS
I find the employer’s objection is denied, for reasons I will outline, below. I have carefully considered all of the available information, legislation and relevant operational policies in reaching this decision.
In their submission, the employer’s representative (ER) contended that the late filing penalty should be overturned, as the employer did not receive a claims notification letter from the WSIB, and the employer did file their Form 7 on the seventh business day after the worker was notified that their employer had not submitted a Form 7. Further, they submitted their Form 7 on July 27, 2023, and the initial entitlement decision was made on July 28, 2023, indicating that the employer had provided all information prior to the decision date.
The worker did not indicate they would participate in this appeal, and did not provide a submission on this issue.
Policy 15-01-02, Employers’ Initial Accident-Reporting Obligations, states in part, that employers must report a work-related accident to the WSIB if they learn that a worker requires health care and/or:
- is absent from regular work
- earns less than regular pay for regular work (e.g., part-time hours)
- requires modified work at less than regular pay, or
- requires modified work at regular pay for more than seven calendar days following the date of accident.
Policy 15-01-02 goes on to explain that the WSIB must receive an employer's complete accident report within seven business days of the employer learning of the reporting obligation. The policy states, in part,
In every case, the employer’s reporting obligation depends on the nature of the worker’s claim. For example, if the worker is injured and seeks health care on the day of injury, the reporting obligation begins immediately.
While I acknowledge that neither the employer, nor their representative, received a claims notification letter from the WSIB, this does not negate the employer’s responsibility to report the worker’s injury to the WSIB. As it states in policy 15-01-02, in part,
…if the WSIB determines that the employer was aware of the reporting obligation before receiving the Form 7 request from the WSIB, the seven business days begin from the date the employer learned of the obligation.
The claim file information shows that the worker sought medical treatment on the day of injury, which is supported by the Health Professional’s Report (Form 8), dated July 11, 2023. Further, the Form 7, dated July 27, 2023, states that the worker advised their employer on July 11, 2023, that they had sought medical treatment the same day. This means that the employer was aware of their reporting obligation as of July 11, 2023, but they did not report the injury until July 27, 2023, over seven business days later.
As documented in Memo #A, dated August 15, 2023, the ER told the EA that they had delayed in submitting their Form 7 because the employer had not initially sent an injury report to the ER. Although the employer did not provide the ER with an injury report right after the workplace injury, policy 15-01-02 states that delays due to inefficiencies in the employer’s administrative processes are not a valid reason for lateness.
Finally, although the initial entitlement decision was not made until after the Form 7 was submitted to file, there is no provision in policy which allows for a late-filing penalty to be waived on this basis, given the employer was aware of their reporting obligation as of the date of injury.
As the employer did not submit their Form 7 until July 27, 2023, over seven business days after their reporting obligation began, I find they did not meet their accident-reporting obligation as provided in policy 15-01-02. As a result, the employer was appropriately fined $250 for late reporting of the worker’s accident, which took place on July 11, 2023.
CONCLUSION
The employer’s objection is denied.
The employer did not meet their accident-reporting obligation, and was appropriately fined $250.
DATED February 28, 2024
J.L. Hughson Appeals Resolution Officer Appeals Services Division