Highlights of Noteworthy Decisions

Decision 1283 16
S. Martel
  • Accident (occurrence)
  • Notice of accident (by employer) (late filing penalty)

The worker advised the employer on October 8, 2014, that she was experiencing shoulder pain. She sought medical attention and was provided with modified work. The employer completed the Form 7 report of injury on October 29, 2014, and it was received by the Board on October 31, 2014. On November 3, 2014, the Board denied entitlement on the basis that the diagnosis was inconsistent with the worker's job duties. However, the Board levied a $250 late filing penalty against the employer for late filing of the claim. The employer appealed.

Decision No. 428/02 found that there is no obligation on an employer to file a Form 7 when there is no accident, although it is helpful to the Board if employers file a Form 7 whenever an accident is claimed. Decision No. 1715/02 rejected an employer's excuse for late filing that it believed the accident had not occurred.
The Vice-Chair preferred the reasoning of Decision No. 1715/02. The Board relies on self-reporting by both workers and employers. Adjudication depends on receiving timely information. The Vice-Chair interpreted the reporting requirements in s. 21 of the WSIA liberally to apply to alleged work-related accidents, in order to encourage and promote reporting of all work-related accidents and disablements, whether they are obviously work-related or more tenuously work-related. It is then for the Board, and the Tribunal, to determine the work-relatedness.
The Vice-Chair confirmed the late filing penalty. The appeal was dismissed.