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Interest on Assessment and Prevention Appeals
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
RESOLUTION OF THE PANEL OF ADMINISTRATORS
September 11, 1998
Re: Interest on Assessment and Prevention Appeals
WHEREAS:
By section 96(6)(6.1) of the Workers Compensation Act, employers may appeal notices relating to assessments and prevention matters to the Appeal Division.
AND WHEREAS:
Section 96(7) of the Workers Compensation Act provides that, if an appeal under section 96(6)(6.1) is successful, the amount to be returned to the employer must be accompanied by interest, calculated in accordance with the policies of the Governors, on the amount to be returned.
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
On all money returned to employers as the result of appeals to the Appeal Division pursuant to section 96(6)(6.1) of the Act, interest will be paid as follows:
- The effective date of interest will be the date the employer filed the notice of appeal with the Appeal Division, except:
- the existing provisions in Assessment Policy Manual No. 40:70:40 concerning the payment of interest where there has been a blatant Board error or a prepaid penalty assessment will continue; and
- the provisions for the payment of interest on "historical" section 39(1)(e) cases contained in the resolution of the Panel of Administrators dated April 23, 1998 and entitled "Re: Section 39(1)(e)" will continue.
- The interest rate will be the same rate as paid under policy item #50.00 of the Rehabilitation Services and Claims Manual on compensation matters.
This decision takes effect as of the date of the resolution.
This constitutes a policy decision of the Panel of Administrators. The corresponding changes will be made to the Assessment Policy Manual.
By the Workers' Compensation Board
Signed with Final Approval October 13, 1998