Highlights of Noteworthy Decisions

Decision 962 15
14/08/2015
S. Darvish
  • Board Directives and Guidelines (interest)
  • Assessment of employers (retroactivity) (credit interest)

In 2001, the Board granted the employer a NEER adjustment, resulting in a credit of about $158,000. In 2011, the employer requested payment of interest on the adjustment from time the amount was found owing in January 2001 until it was refunded in August 2001. The employer appealed a decision of the Appeals Resolution Officer denying the payment of interest.

Board Operational Policy Manual, Document No. 14-02-06, on employer premium adjustments, creates a two-year retroactivity limit on premium adjustments. The employer submitted that this policy referred to interest charges (debit interest) and not to interest payments (credit interest), and that there was nothing in the policy to preclude the payment of interest requested by the employer.
The employer also submitted that Document No. 14-02-07, on employer non-compliance interest and charges, only limits credit interest by providing that it does not apply to periods prior to January 1, 1997.
The Vice-Chair agreed with Decision No. 576/15 and found that interest is included in the concept of premiums for the purpose of Document No. 14-02-06. The two-year rule applies to credit interest on employer accounts. The appeal was dismissed.