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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 1352 12 R
10/20/2014
B. Goldberg

  • Reconsideration (consideration of issue)
  • Experience rating (CAD-7) (retroactive adjustment) (current data)

In Decision No. 1352/12, the vice-chair who heard the appeal granted the employer SIEF relief and retroactive adjustment of its CAD-7 experience rating account to reflect the SIEF relief. The employer applied for reconsideration of the aspect of the original decision that granted the retroactive adjustment. The employer submitted that the Tribunal did not have jurisdiction over the issue of a retroactive adjustment. The Vice-Chair found that the Tribunal had jurisdiction. The employer did not make submissions on the issue of a retroactive adjustment but it was listed as an issue in the employer's Notice of Appeal and in the Hearing Ready letter. The employer also submitted that the retroactive adjustment should be deleted from the original decision based special circumstances, in that an extra cost frequency count was added to the CAD-7 recalculation in respect of a different claim by the time the Board implemented Decision No. 1352/12, thus resulting in a debit adjustment to the employer rather than a credit adjustment. However, the Vice-Chair found no unreasonable delay by the Board in implementation and no inappropriate action by the Board in using the updated frequency count. The application to reconsider was denied.