This decision should result in the demise of the industry pricing (ICP)/cost relief efforts by WCB. The appeal was initiated when WCB retroactively removed previously applied cost relief and increased an Employer’s premiums. The reason provided was that the industry had agreed to ICP with the removal of pre-existing cost relief. I do not recall in any of the discussions or meetings that this was a consequence of agreeing to the proposal. What an erosion of trust! WCB probably did not count on something like this becoming part of the public record.
One can only term this a complete fiasco and hopefully some lessons are learned throughout industry on taking these types of WCB proposals on face value.
The Appeals Commission needs to be commended on their decision as does the Employer representative who made such a compelling case. There are many highlights in this decision one of them defining the term “may” as it applies to cost relief and the ability for industry to remove a specific employer’s rights.
However, given the history of WCB actions, I fear that while cost relief is still officially on the books that WCB has essentially killed it. This will have social and business ramifications that have not been well thought out by WCB.
Special thanks to Denise Howitt at EHS Partnerships Ltd for bringing this very interesting decision to my attention.
