Worker's Categorization
Category that students fall under at ST
What is General Rule?
Earnings period is always 12 months prior to the date of injury at short term.
What is a Casual worker?
This kind of payment is determined by the amount of work done rather than time spent.
What is piecework?
4 ways to gather earnings information.
What are (any 4 down below):
- 6T/F6
- F7
- Phone call to employer
- Paystubs
- Record of employment
- T4
First thing to check when a reconsideration is being requested.
What is an active appeal?
Section # for POP
What is Section 215?
Work schedule and earnings period for a worker who works a rotating schedule involving 6 cycles, doesn’t work OT and is not paid a shift differential.
What is Variable 7 day work schedule and prior 3 months/12 weeks?
Paid accommodation when a worker works up north at a remote work site.
What is room and board incurred as a business expense?
Third party verification for principal earnings.
What is an accountant?
Names of the reopening greater than 3 years /students & young worker specialists.
Who are Vivian and Celina?
3 characteristics of a casual worker's pattern of employment
What is Transitory, Unpredictable and Sporadic?
WRO needs _______ to determine the earnings period for an ASTD claim.
What is DOD?
4 types of ways a principal might pay themself.
What are (any 4 down below):
- salary
- draw
- management fee
- shareholder loan repayment
- dividend
Maximum length of time to wait before reviewing a provisional rate that was previously set.
What is 4 weeks?
How far back do we gather for a worker's work history?
Normally 1 year but if that’s not enough, as many years as required to rule out casual
A worker was injured while they were on an assessment drive before they were hired as a truck driver.
What is a Learner?
Why do we use a teacher's salary to set the short term rate?
Because if we set it using their monthly salary, it would overinflate the annualized earnings for teachers who are paid over 10 months
Scenario: A casual worker in Vancouver was laid off from employment as a retail clerk in March 2024. As a result of the layoff, the worker received EI benefits. Entitlement to EI ceased in June of 2024 when the worker obtained employment in Kelowna as a fruit harvester. In September of 2024 the worker was injured during their employment as a fruit harvester.
Composition of earnings at ST.
What is prior 12 month earnings excluding EI?
Process when a WRO is unable to obtain any earnings information.
What is the no earnings process in the WPM?
A WRO may consider ________ as the date of decision if a STR was set but there was never any verbal or written communication of the decision to the worker.
What is date of first payment?
Scenario: Kate is a permanent part-time nurse who works at VGH Emergency Department and has been employed for 5 years. She falls under General rule. On Fridays, she goes to school at VCC and attends a basic counselling course which lasts for 3 months. Kate sustained a needle stick injury while she was working at VGH.
Kate's worker classification in the AED
Answer: Regular worker
Scenario: Tom is a permanent full-time cashier at Walmart. He has been employed for more than a year. He was injured on Oct 10, 2024 at Walmart. Before he sustained the injury, he got another job on Aug 20, 2024 as a server at Cactus Club to supplement his income. Shortly after he started the new job, he realized he was making good money at the restaurant with the tips and decided to reduce his availability at Walmart in order to pick up more shifts at Cactus Club.
What earnings period should be used to set the STR?
Aug 20, 2024 to Oct 10, 2024 for both employers
Scenario: Chloe is a full-time self-employed piano teacher. She is a world-renowned teacher whose schedule is packed 5 days a week. Chloe teaches 6 students a day and each student's lesson is 1 hour. She charges more for teaching at her student's home rather than her own home as she needs to drive there in her vehicle. Her hourly rate is $150.
How would you set the STR?
Hourly rate (time of injury earnings) + 40% deduction for the vehicle
$150/hour x 6 hours = $900 per day
$900 x 40% deduction for car = $540 per day
$540 x 5 days/week = $2700
Scenario: A WRO is calling an employer to request for earnings because they note the 6T mentions the worker works regular overtime. The payroll contact advises the worker's prior 3 month earnings are $12,389.44. The WRO clarifies whether overtime is included in the earnings. The payroll contact explains the worker banks his overtime and is taken as paid time off instead.
What does a WRO do next?
The WRO should still include the banked overtime as long as they confirm it was earned in the prior 3 month period. It doesn't matter if the overtime is paid as additional earnings or paid time off.
Scenario: Riley works Monday to Friday from 8am-4pm as a permanent full-time office assistant and also has a secondary part-time employment as an Uber driver, which she works from 5pm-9pm Monday to Friday as well. Upon reviewing her earnings for both employers, you noticed there was a week of no earnings with Uber. You clarify with the worker the reason for this absence and she advised it is because her office assistant job was offering overtime that week and she decided to work the overtime instead of driving for Uber as it paid more. You confirm with the worker that she did not have any other absences with Uber in the 6 months prior to the date of injury.
Should the WRO apply a time credit for this week of absence with Uber and why?
No because instead of working at Uber, the worker worked at the office assistant job. The worker is not losing out earnings. They cannot be working for 2 jobs at the same time. Therefore, a time credit should not be applied for the Uber earnings.