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POA Decision – 1998/04/23-03 – Section 39(1)(e)

The Panel passed a resolution designed to bring closure to the adjudication of cost relief under section 39(1)(e) on historical claims (claims from 1978 to 1993). The WCB will mail a notice to all employers affected by this resolution, and those employers will have a minimum of 90 days in which to make a request for cost relief on specific historical claims. The WCB is currently working to establish the exact time frame for these requests. After the time period for requests expires, the WCB will not accept any further requests for cost relief on historical claims unless the WCB failed to mail a notice to the employer. The Panel also decided that section 39(1)(e) cost relief will not apply to pre-1978 claims, nor will it apply in "same employer" situations where the injury occurred prior to July 1, 1998. It will, however, apply where the injury occurred after this date. Interest will be paid on cost relief refunds from the date the employer requested the cost relief and at the same interest rate paid on retroactive payments of compensation.

Meeting Date: Apr 23, 1998 File type: PDF (3 MB) Asset type: Policy & Regulation Decision