Document name
Interest on Benefits Accruing from Successful Appeals
Document number
PRO 14/2016

Effective date: August 1, 2016

Application: Appeals received on or after the effective date.

Policy subject: Reconsiderations and appeals

Purpose:

To provide administrative guidelines for issuing interest on successful appeals.

BACKGROUND

Policy section content
Section detail

POL 14/2016, Interest on Benefits Accruing from Successful Appeals establishes guidelines for issuing interest on successful appeals.

PROCEDURE

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Section detail
  1. If a successful appeal decision is delayed, the Appeals department/Board Appeal Tribunal will note in their written decision if the WCB should issue interest.
  2. Appeals/Board Appeal Tribunal, Operations and Strategic Finance will then fill out and sign an Interest from Successful Appeals (ISA) form:

Step 1 – Appeals and Board Appeal Tribunal  

  1. The Appeals Officer/Assistant to the Board will note:   
    1. The date the WCB receives the appeal.
    2. The date interest becomes payable:   
      1. Appeals – 31st calendar day after the WCB receives the appeal.
      2. Board Appeal Tribunal – 121st calendar day after the WCB receives the appeal.
    3. Less the period of time/date range that interest is not payable due to delays caused by the worker, their representative, or the Workers’ Advocate (e.g., December 1, 2016 to December 22, 2016).
  2. The Appeals Officer/Assistant to the Board will sign the ISA form,
  3. The Appeals Officer/Assistant to the Board will send the ISA form to Administrative Support.
  4. Administrative Support will scan the ISA form to generate a task for the Payment Specialist.

Step 2 – Operations

  1. The Payment Specialist will note:
    1. The date interest is payable to (i.e., the date the WCB pays earnings loss benefits because of the appeal decision).
    2. The number of days interest is not payable due to delays caused by the worker, their representative, or the Workers’ Advocate.
    3. The amount of earnings loss benefits the WCB has to pay as a result of the appeal decision.
  2. The WCB should pay the:
    1. Worker.
    2. Estate.
    3. Dependent spouse, or
    4. Dependants.
  3. The Payment Specialist will sign the ISA form.
  4. The Payment Specialist will send the ISA form to Administrative Support.
  5. Administrative Support will scan the ISA form to generate a task for the Accounting Clerk.

Step 3 – Strategic Finance

  1. The Accounting Clerk will note:
    1. The rate of interest on the date the WCB will issue the interest payment.
    2. The number of days the WCB will pay interest.
    3. The amount of interest payable.
  2. Once the Accounting Clerk fills out this information and signs the ISA form, Strategic Finance will send the interest payment by cheque to the worker, estate, dependent spouse or dependants. Strategic Finance will also include details of the interest calculation.
  3. Strategic Finance will charge the interest amount to an administration expense and not to the employer. Interest will form part of the WCB’s overall claims expense.

Policy references

Policy reference content

Section heading

Act Sec #

Section detail

81, 93, 115

Section heading

Supersedes

Section detail

n/a

Section heading

Complements

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