- Earnings basis (long-term)
- Board Directives and Guidelines (earnings basis) (non-permanent or irregular employment)
The issues under appeal were whether the worker was a non-permanent employee and, second, should his long-term earnings include his 2002 wages.
The appeal was denied.The Board directly followed policy instructions set out for non-permanent employment, which applied to the worker. Section 126(1) of the WSIA directs the Tribunal to apply applicable policy in its adjudication. The calculation undertaken by the Board was in conformity with the applicable policy. The Vice-Chair found that this was not a situation where exceptional circumstances were present. The Board extended the recalculation period – using the 27-month period (rather than the 15-month period) - to the benefit of the worker. His EI benefits and subcontracting work were included in his earnings, while the period off work for illness was subtracted. The Vice-Chair was satisfied that the Board complied with law and policy in establishing the worker's long-term earnings. The Vice-Chair was also satisfied that the worker's current long-term rate accurately reflected his income pattern for the 27 months preceding his work injury.