Decision #40/07 - Type: Workers Compensation
Preamble
This appeal deals with an employer’s request that a penalty imposed for late reporting of an accident be waived. The employer submitted an accident report 15 business days following the worker’s accident. The Workers Compensation Board (WCB) imposed a penalty in accordance with section 18 of The Workers Compensation Act (the Act). The employer asked that the penalty be waived. This request was refused by the WCB and the Review Office. The employer appealed to the Appeal Commission and a file review was held on January 31, 2007.Issue
Whether or not the $225.00 late reporting penalty charged against the employer should be waived.Decision
The $225.00 late reporting penalty charged against the employer should not be waived.Decision: Unanimous
Background
The worker was cutting meat with a meat slicer when she injured her right index and middle fingers on October 7, 2006. Immediately following the accident, the worker was taken to the hospital by her employer.
On October 19, 2006, the employer was provided with an Employer’s Accident Report to complete regarding the accident. The completed accident report was received at the WCB on October 27, 2006. On November 2, 2006, the employer was assessed a late reporting penalty of $225.00 due to his failure to submit the completed form within five business days which was a requirement under subsection 18(1) of the Act. On November 6, 2006, the employer appealed the decision to Review Office.
On November 17, 2006, Review Office agreed with the decision to assess the employer with the late filing penalty of $225.00. It noted that the employer transported the worker to the hospital on the day of her accident. The employer did not submit an accident report until October 27, 2006 which was 15 business days following the accident at work. Review Office outlined concerns that if it were not for the WCB’s request for the employer to submit a report, one would not have been provided by the employer given that the employer took no action to notify the WCB on their own after the worker’s accident. On December 12, 2006, the employer appealed Review Office’s decision and a file review was arranged.
Reasons
Applicable Legislation and Policy
Subsection 18(1) provides that an employer shall report an accident and injury to the WCB within five business days from when the employer becomes aware of the accident. Subsection 18(4) provides that an employer who fails to report within the time period commits an offence and is subject to an administrative penalty under subsection 109.7(1).
The Board of Directors of the WCB has made Regulation 65/2006 which deals, in part with penalties that are imposed under the Act. Section 4 of this regulation provides that an employer who fails to comply with a provision of the Act may be liable to the WCB for an administrative penalty. With respect to the employer’s duty to report accidents the penalty is set at $225.00.
The Board of Directors of the WCB has also made Board Policy 22.70.30 (Employers’ Reporting Responsibilities Claims) which deals with employers’ reporting responsibilities under section 18 and specifies when and how late reporting penalties are applied.
Employer’s Position
In its appeal form dated December 12, 2006, the employer advised that with few claims, it did not have knowledge of the timing requirements for reporting injuries. The employer noted that once notified by the WCB of its need to report, it did proceed to submit the report. The employer commented that for a small business, the fine is too severe for a first incident.
Analysis
The issue before the panel is whether the late reporting penalty should be waived. The panel finds that the penalty should not be waived.
The panel notes that the employer was aware of the accident on the date it occurred and drove the injured worker to the local hospital for medical attention. The employer did not submit a report of injury within the five business days provided by subsection 18(1) of the Act. The employer did not submit a report until requested by the WCB to do so. The report was not received by the WCB until October 27, 2006, which is fifteen business days after the injury. The panel finds that the employer has not provided a reasonable excuse for the delay in reporting, and that ignorance of the Act is not a valid basis for excusing the delay. The panel therefore finds that the penalty should not be waived.
With respect to Board Policy 22.70.30, the panel finds that the worker’s accident is reportable in accordance with the policy. The panel further finds that the employer has not provided a satisfactory excuse for failing to report on time.
The employer’s appeal is denied.Panel Members
A. Scramstad, Presiding OfficerA. Finkel, Commissioner
M. Day, Commissioner
Recording Secretary, B. Kosc
A. Scramstad - Presiding Officer
Signed at Winnipeg this 21st day of March, 2007