Decision #131/03 - Type: Workers Compensation

Preamble

A non-oral file review was held on October 9, 2003, at the appellant's request.

Issue

Whether or not the employer should be required to pay the minimum assessment of $100.00 for 2003.

Decision

That the employer should be required to pay the minimum assessment of $100.00 for 2003.

Decision: Unanimous

Background

File information revealed that the Workers Compensation Board (WCB) charged the appellant employer the minimum assessment of $100 for 2003 as she had hired a worker between January 1 and February 7, 2003 inclusive. The appellant disagreed with the decision, stating that since she paid only $1,400 in workers' earnings in 2003, the minimum assessment should not apply. The employer noted that her workers had never filed a claim and therefore the $100.00 assessment was not applicable.

In June 2003, the Assessment Committee considered the appeal and agreed that the appellant was required to pay the WCB the minimum assessment of $100 for 2003. Subsection 81(9) of The Workers Compensation Act (the Act) and Regulation 280/91 (point 4) was also noted in the decision. The Assessment Committee commented that each time the WCB opened an employer's account, it incurred costs to establish, administer and maintain each account. The minimum assessment was charged to all registered employers to cover these costs. "In this case, the minimum assessment applies for 2003 as the sole proprietor employed a worker during the current year. Had this individual been injured in the course of his/her employment, he/she would have been considered a worker under the Act, and as such entitled to compensation benefits. Therefore, the employer should be responsible for paying the corresponding assessment." In August 2003, the appellant disagreed with the decision and a non-oral file review was arranged.

Reasons

Section 81(9) of the Act provides that "the board may by regulation establish a minimum assessment, and no assessment levied by the board against an employer shall be less that the minimum assessment". The WCB has established by virtue of regulation 280/91 that for the purpose of the foregoing section of the Act the minimum assessment is to be set at $100.00.

As the background notes indicate, the employer objects to her being charged the minimum assessment of $100.00 for the 2003 calendar year by the WCB, on the basis that she had only employed a worker for a very short period of time from January 1 to February 7, 2003. The evidence confirms that the employer has been registered with the WCB since 1994, and at that time she was charged the minimum assessment of $100.00 even though actual earnings paid by the employer amounted to an assessment of only $84.43.

The Appeal Commission derives its jurisdiction from various provisions of the Act and any regulations made pursuant thereto and is therefore bound by same. Accordingly, we find that the employer is required to pay the minimum assessment of $100.00 for the 2003 calendar year.

Panel Members

R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
M. Day, Commissioner

Recording Secretary, B. Miller

R.W. MacNeil - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 20th day of November, 2003

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