WORKERS COMPENSATION APPEAL TRIBUNAL WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DECISION #55. Represented by Keith Mullins

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1 WORKERS COMPENSATION APPEAL TRIBUNAL FIRM [personal information] BETWEEN: ISLAND PRESS LTD. APPELLANT AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND RESPONDENT DECISION #55 Employer Respondent Represented by Keith Mullins Represented by Greg MacCallum Place and Date of Hearing October 19, 2006 Quality Inn on the Hill 150 Euston Street Charlottetown, P.E.I. Date of Decision June 14, 2007

2 2 THE APPEAL The Employer has appealed the decision of the IRO of February 7, 2006, who denied its request to reclassify its classification and rate group. The Employer s Grounds of Appeal are stated/contained in its Issues for Reconsideration: The decision of the Internal Reconsideration Officer of February 7, 2006, should be reconsidered because: 1. The Internal Reconsideration failed to acknowledge the similarity of the circumstances regarding the Graphic Design industry and the Publishing without Printing industry and the precedence established by the Board in the reclassification and rate group changes for the Graphic Design industry in The Internal Reconsideration Officer failed to acknowledge the precedence established by the Board in the reclassification and rate group changes for the Carpet and Flooring industry in The Board must be consistent in the decisions to ensure a classification assignment that is more in keeping with current WCB practices and to ensure consistent treatment of employers in classification assignments. RELIEF SOUGHT: (i) The employer s classification should be changed from SIC 2841 to the proper SIC 2839 or to the established SIC (ii) The employer s rate group should be changed from 309 to 108, retroactive to January 1, 2003, which is the year in which the classification was first requested and reviewed and is in accordance with a similar arrangement offered to an employer in the carpet and flooring industry back in Grounds of Appeal The Employer, under its heading of Background sets out the circumstances involving its request for reclassification and an additional request to have its rate group changed as well. Its statement of these requests and its Statement of Facts, which were not disputed at the hearing in this matter, are as follows: The first request for reconsideration was made to reclassify the employer s business from SIC Newspaper, Magazine and Periodical (Combined Publishing and Printing) Industries to SIC Other Publishing Industries (Without Printing) or to the existing classification of SIC Other Business Services, which was the one proposed for the Graphic Design industry.

3 3 The second request was to change the employer s rate group from 309 to 108 which is now the same rate group as Graphic Design and other media operations, such as Radio Broadcasting, Television Broadcasting and Cable Television Services. Statement of Facts 1. The employer has been discussing these two issues with the Employer Services Division since The employer made its first written reclassification request on July 4, The second request for reclassification on February 24, 2004, was denied. 4. The third request for reclassification on September 16, 2005, was also denied. 5. A request for reconsideration of the original decision maker s decision to the Internal Reconsideration Officer was denied on February 7, In 1997 the Board reviewed its practice with respect to the classification and assessment of employers in the carpet and flooring industry and it was prompted to do so by an inconsistency in the classes and rate group applying to employers participating in the same industry. 7. Effective January 1, 1998, the Board required employers in the sale and installation of carpet and flooring to be assessed under two different classifications and assessment rates - specifically Flooring Sales and Carpet and Flooring Installation in Rate Groups 104 and 402 respectively. 8. An employer may have his operations reclassified for assessment purposes, if it appears the nature of the work has changed significantly. 9. The newspaper publishing industry has evolved with the introduction of new technologies, etc. 10. The employer s computer generated newspapers are delivered off-site FTP (electronic transfer) to third party printing operation. 11. The duties performed by the employer s workers could be classified as low risk. 12. The Rate Group for Graphic Design and Newspaper Publishing were the same until The Rate Group for Graphic Design was changed from 309 to 108 on September 14, This employer has experienced only two claims for benefits since 1992 and only one of them exceeded $ in costs. 15. The Board advised the Government Members Office that information on what criteria establishes a classification code, specifically rate group 309, is not available.

4 The Board, in its materials filed in this matter set out the following: Summary of Key Points 4 Employer is appealing the Board s decision of February 7, 2006, as rendered by the Board s Internal Reconsideration Officer. The decision of the Internal Reconsideration Officer upheld the Board s position with respect to the employer s classification. Employer does not agree with the Board s position with respect to the assigned classification in SIC Newspaper and Magazine Publishing within Rate Group 309. The Board s letter of November 25, 2005, to the Employer Advisor clearly outlines the Board s supporting arguments with respect to the classification of the employer in SIC Rate Group 309. The Board s Policy on Industry Classification (POL 02-08) supports the Board s decision with respect to the classification of this employer. Section 1 of the policy states Employers registered with the Workers Compensation Board are classified into established industry groups within the Workers Compensation Board s classification structure. The Board has classified the employer within its established classification structure based on the industry in which the employer operates - Newspaper Publishing. See p. 19 of 2006 Classification of Industries and Assessment Rates. In 2003, the Board engaged the services of Nexus Actuarial Consultants Ltd. to conduct an independent review of the Board s employer classification system. The findings of this review were delivered in This review concluded that the current classification system is basically sound and is not in need of significant modification, even though employers often expressed concerns about it. In its Grounds for Reconsideration, the Employer Advisor stated: 1. The Workers Compensation Board policy POL on Employer Classification Reviews states, An employer may have his operation reclassified for assessment purposes, if it appears the nature of the work has changed significantly. 2. This policy recognizes an employer s business operations may change over time, with the result that the original classification may require adjustment. 3. WCB policy POL states that: Employers registered with the Workers Compensation Board are classified into established industry groups within the Workers Compensation Board s classification structure. 4. This employer has been classified into Standard Industrial Classification Code 2841 which Statistics Canada has described as Establishments primarily engaged in the combined printing and publishing of newspapers, magazines and periodicals.

5 5 5. Statistics Canada uses SIC code 2839 for establishments primarily engaged in publishing, without printing but the Board has never seen fit to use this code. 6. The employer s business is fully computerized and has not printed a newspaper in over 40 years. 7. The printing component of the employer s business is contracted out to third party printing companies which are classified in other industries. 8. The Manager of Employer Services agreed with this by stating: I do recognize that the industry in question has evolved with the introduction of new technologies, etc. 9. He further stated, I do agree that the duties performed could be characterized as low risk 10. The records show that the employer experienced only two claims in the 13-year period from 1992 and 2004 (both relatively small). 11. On September 14, 2004, the Manager of Employer Services ruled in favour of a classification change request made on behalf on an employer in the Graphic Design industry from SIC 2811 to SIC In that case he stated: Your request to have this employer reclassified to SIC # 7749 does present some challenges. Each year, as part of the rate-setting process, the Board approves a schedule of employer classification and accompanying assessment rates. This particular classification code does not currently exist within the Board s 2004 classification of industries and assessment rates. As you are aware, the Board still uses 1980 SIC to classify employers; although, not all codes are used. In light of information provided, and to ensure a classification assignment that is more in keeping with current WCB practices, I do, however, agree that a change in the existing classification is warranted. I am willing to approve a change in the classification to SIC # 7799 (Other Business Services) within rate Group 108. In keeping with Policy POL Employer Classification Reviews - this change shall be effective January 1, He ruled, In light of information provided, and to ensure a classification assignment that is more in keeping with current WCB practices, I do, however, agree that a change in the existing classification is warranted.

6 6 13. He did not elaborate on what current WCB practices are nor did he give any indication if these practices are written or otherwise. 14. In the 2004 reclassification request, the Manager of Employer Services declined to reclassify Graphic Design from SIC 2811 to SIC 7749 because: This particular classification code does not currently exist within the Board s 2004 classification of industries and assessment rates. 15. He was, however, willing to approve a change in the classification to SIC 7799 (Other Business Services) within Rate Group In Decision #18 of the Workers Compensation Appeal Tribunal rendered on November 25, 2002, there is reference made to the Board having recently reviewed its practice with respect to the classification and assessment of employers in the carpet and flooring industry. In that case the Board stated: I am writing to follow up on our recent meeting in which you once again expressed your ongoing concerns and disagreement with the manner your company is currently assessed by the Workers Compensation Board of PEI. At the conclusion of our meeting, I had indicated to you we would further examine the method in which employers in the carpet and flooring industry are classified and assessed. Since that time, we have made efforts and arrangements to review the classification and assessment rates that apply to all employers involved in the sale and installation of carpet and flooring...based on our findings, the Board is willing to adopt a slightly different approach for the treatment of this industry effective January 1, All employees involved in the retailing and installation of carpet and flooring products, will be subject to classification and assessment under two separate categories. The applicable classes and rates for 1998 will be SCI # 6231 (retail flooring) rate of $0.63 and SIC # 6278 (carpet and flooring installation) rate of $3.30. The Board has recently reviewed its practice with respect to the classification and assessment of employers in the carpet and flooring industry. This review was prompted by an inconsistency in the classes and rate group applying to employers participating in the same industry. Specifically, certain employers were classified solely under SIC # 6231 (Flooring Sales) within rate group 401 whereas other employers were classified under SIC # 4278 (Carpet and Flooring installation) within rate group 402.

7 7 The results of our review indicate that most, if not all, employers within this industry are involved in the sale and installation of carpet and flooring products. To ensure consistent treatment of employers in this industry the Board is amending the current practice. 17. It stated, this review was prompted by an inconsistency in the classes and rate group applying to employers participating in the same industry. 18. The Board ruled effective January 1, 1998, all employers involved in the retailing and installation of carpet and flooring products will be subject to classification and assessment under two separate categories, SIC #6231 (retail flooring-rate group 104) and SIC 6231 (carpet and flooring installation-rate group 402). 19. This situation appears to be very similar to the one in which this employer currently finds himself, so the decision that the Board is willing to adopt a slightly different approach for the treatment of this industry should also apply to this case. 20. In 1998 there was an extensive review of the methods used in classifying and assessing employers in the carpet and flooring industry but this does not appear to be the case in the Combined Publishing and Printing industry versus the Publishing without Printing industry, both of which are in rate group According to Board policy POL 02-08, if this were a newly registered employer, it would be classified into an established industry group entailing work of the same/similar nature to their own. 22. The Internal Reconsideration Officer failed to make any reference to the current WCB practices in her decision and simply denied the employer s request by stating SIC 2839 is not an established industry group within the Workers Compensation Board s classification structure because it was not printed in their 2005 Classification of Industries & Assessment Rates booklet. 23. The Internal Reconsideration Officer referred to Section 61.(1) of the Workers Compensation Act to point out that the Board is responsible to classify all employers. 24. She failed to refer to Section 61.(2) which states, The Board may by its policy or bylaw rearrange such classes and transfer any employer or industry to any other class. 25. She also failed to refer to Section 61.(3) which states, The Board shall assign every employer within the scope of this part to the proper class and according to Statistics Canada, the proper class for Other Publishing Industries (Without Printing) is SIC 2839, not SIC Therefore to ensure a classification assignment that is more in keeping with current WCB practices, the Internal Reconsideration Officer should have ruled to reclassify the employer s business from SIC 2841 to SIC 7799, rather than SIC 2839, as had been done for Graphic Design.

8 8 27. Given the vast similarities between the low risk Graphic Design and Publishing without Printing industries, coupled with the fact neither of them have any employees involved in printing activities, the decision of the Internal Reconsideration Officer not to reclassify this employer does not appear to be a consistent treatment of employers nor is it in line with clearly established Board practices and precedents. The Internal Reconsideration Officer denied a request to change in the rate group from 309 to In addition to the reclassification request, the Internal Reconsideration Officer was also requested to change the Rate Group of the employer from 309 to 108, which is what had been done for Graphic Design. 29. According to a recent publication of the Association of Workers Compensation Boards of Canada, it states: In setting assessment rates, employers are classified or grouped so that the cost of work related injuries is distributed fairly among firms which exhibit common characteristics. 30. It further states: Employers are grouped into industry rate groups according to their accident or hazard risk. They are also classified by type of industry (not by the occupation of each worker) and the classification is intended to reflect the total activities and output of the industry. 31. The low risk level of this employer s business is not similar to any of the other businesses in Rate Group 309, so the loss expectation level cannot be expected to be the same either. 32. The industries in Rate Group 108 have the lowest assessment rate and can therefore be characterized as being the lowest risk industries in the province. 33. The Manager of Employer Services is on record agreeing that, with this employer s workers, their duties performed could be characterized as low risk. 34. These low risk business activities are practically identical to those of Graphic Design which the Manager of Employer Services has previously ruled would be placed in Rate Group The equipment used by this employer s workers include computers with printers, photocopiers, cash registers, digital cameras and fax machines which is very similar to equipment used in other low risk industries such as financial institutions or professional offices of accountants, architects, doctors, engineers and lawyers, all of which are in Rate Group Other media operations such as Radio Broadcasting, Television Broadcasting and Cable Television Services would appear to entail work of the same/similar nature as Publishing without Printing and they are all in Rate Group 108.

9 9 37. The Internal Reconsideration Officer has failed to acknowledge the precedent setting decision in 2004 to move Graphic Design from Rate Group 309 in Class 3 - Manufacture & Farming - to Rate Group 108 in Class 1 - Sales & Service. 38. In this instance the Board ruled that a reclassification and rate group change were warranted to ensure a classification assignment that is more in keeping with current WCB practices. 39. The Internal Reconsideration Officer also failed to acknowledge another precedent setting decision of the Board in 1997 which was, Effective January 1, 1998, the Board shall require employers involved in the sale and installation of flooring to be assessed under two different classifications and assessment rates. 40. To ensure consistent treatment of employers in this industry the Board is amending the current practice was the reason given for this decision which moved the lower risk component of the industry from Rate Group 401 in Class 4 - Construction - to Rate Group 104 in Class 1 - Sales and Service. 41. The Internal Reconsideration Officer ruled, As the employer has been grouped under SIC 2841, the corresponding rate group to that classification code is 309. A different rate group cannot be attached to SIC 2841". 42. If the Rate Group could be changed for employers in the previous referenced industries, based on the current practice of the Board, then the Internal Reconsideration Officer has erred in her decision not to change it for this employer because she failed to acknowledge and consider the?current practice of the Board. Internal Reconsideration means the process used to ensure that decisions of the WCB are fair, reasonable and consistent. 43. It is incumbent upon the Board to ensure that all employers in similar situations are treated in similar manners under the legislation, under Board policies as well as under Board practices. Board Policy on Internal Reconsideration states: All decisions of the Workers Compensation Board must consider the merits and justice of each case.

10 We submit that the denial for a rate group change requested by this employer is not in keeping with clearly established Board practices, written or otherwise, in effect since at least THE IRO DECISION As the IRO decision is relatively short, it is being reproduced in its entirety to ensure the reader has a full appreciation of same as it relates to the facts of this particular case, the Act, existing Board Policies and the Board s approach to requests for classification and/or rate group changes. After examining Section 61 of the Act and Board Policy on Employer Classification Review and Industry Classifications the IRO held: Classification (SIC) Code; A request has been made to change the Standard Industrial Classification Code for the employer from SIC Newspaper, Magazine and Periodical Industry to SIC Other Publishing Industries. The argument that has been presented is this employer does not print its newspaper as they transmit to an independent printer off site. In reviewing Policy Industry Classification, I note under #1, Employers registered with the Workers Compensation Board are classified into established industry groups within the Workers Compensation Board s classification structure. Further, Section 61.1(1) of the Act states, For the purpose of creating and maintaining the Accident Fund, all employers within the scope of this Part shall be divided, in the discretion of the Board, into classes. I have reviewed the 2005 Classification of Industries & Assessment Rates booklet published by the Board each year and note SIC 2839 is not an established industry group within the Workers Compensation Board s classification structure. It is a correct statement but the Board can affect change. Therefore, the argument presented, that being printing of a newspaper onsite vs. sending electronically to an off site printer is mute as the recommended SIC code is not part of the Workers Compensation Board classification structure of which the Board has discretion over. It had been further suggested the employer could be classified under SIC 7799 if not SIC Policy defines Industry classification as for assessment purposes, employers are classified by the industry or industries in which they are operating. The classification includes all activities, including those incidental to the primary operation of the employer, e.g. administrative staff.

11 11 The employer in question operates a newspaper business and therefore classified by that industry and not Other Business Services n.e.c.(not elsewhere classified) as indicated by SIC code This code is defined as establishments primarily engaged in providing business services not elsewhere classified. In this case, the employer has been classified elsewhere, SIC Rate Group The second request made by the Employer Advisor was to change the rate group from 309 to 108. The rate group applied to an employer is determined by the SIC coded used. One relates to the other. SIC employers with similar types of operation and nature of work are grouped together within a rate group. The industry or operations has not changed for this employer, other than the physical location of the printing facility. The work performed by the staff with this employer is incidental and supportive of the primary business activity - newspaper publication. Although the workplace risk for staff may be less than those of the printing staff, the Board classifies by industry and not occupation and the main industry of the employer is the publication of newspapers. As the employer has been grouped under SIC 2841, the corresponding rate group to that classification code is 309. A different rate group cannot be attached to SIC Therefore, the Employer Advisor s request for change in classification code and rate group has been denied. The two issues: (i) Should the Employer s SCI Code be changed from Newspaper, Magazine and Periodical Industry to SEC Code Other Publishing Industries or alternatively SIC not otherwise classified. (ii) Should the Employer s Rate Group change from 309 to 108. THE LEGISLATION Section 61 Section 56(2) Section 56(17) Board Policy -Policy Classification Industry Classification DEFINITION: In this policy 1. Industry classification means, for assessment purposes, employers are classified by the industry or industries in which they are operating. The classification includes all activities, including those incidental to the primary operation of the employer, e.g. administrative staff.

12 12 POLICY: 1. Employers registered with the Workers Compensation Board are classified into established industry groups within the Workers Compensation Board s classification structure. Board Policy - Policy Internal Reconsideration DEFINITION: In this policy 1. Internal reconsideration means the process used to ensure that decisions of the Workers Compensation Board are fair, reasonable and consistent. POLICY: 1. All decisions of the Workers Compensation Board are to reflect the intent of the Workers Compensation Act and Workers Compensation Board policy and must consider the merits and justice of each case. THE STANDARD OF REVIEW Subsequent to the hearing date in this case, the Appeals Court of this Province rendered a Decision in Workers Comp. Bd. (PEI)v. MacDonald 2007 PESCAD 04. The central issue before the Court involved the scope of reviewing power of this Tribunal under the Act. In that case, this Tribunal held that in a review of the Decision of the Board (IRO), the review was to be conducted on the standard of correctness as opposed to either of two other standards namely: reasonableness simpliciter or the higher standard often referred to as patent unreasonableness. At paragraph 50, the court held: The Act provides for an appeal from a decision of the WCAT on a question of law or jurisdiction to this division of the Supreme Court of Prince Edward Island. As stated in Dr. Q, the choice of the standard of review by a reviewing court is a question of law and the reviewing court must be correct. Similarly, the choice of the standard review by a reviewing tribunal, like WCAT, is a question of law and the reviewing tribunal must be correct. In my opinion the WCAT panel was correct in the choice of its standard of review or, perhaps more appropriately, it was correct in setting the parameters of its jurisdiction to review decisions of the Board. Accordingly, this appeal is being reviewed on the standard of correctness. ANALYSIS Section 61 states: (1) For the purpose of creating and maintaining the Accident Fund, all employers within the scope of this Part shall be divided, in the discretion of the Board, into classes. (2) The Board may by its policy or bylaw rearrange such classes and transfer any employer or industry to any other class. (3) The Board shall assign every employer within the scope of this Part to the proper class, and where any employer engages in more than one industry, the Board may assign the employer to more than one class.

13 13 Section 56(2) of the Act states: The decisions of the Board shall always be given upon the real merits and justice of the case. Section 56(17) of the Act states: The Appeal Tribunal shall be bound by and shall fully implement the policies of the Board and the Appeal Tribunal, its chairperson and members are prohibited from enacting or attempting to enact or implement policies with respect to anything within the scope of this Part. Internal Reconsideration Board Policy states that: Internal reconsideration means the process used to ensure that decisions of the Workers Compensation Board are fair, reasonable and consistent. All decisions of the Workers Compensation Board are to reflect the intent of the Workers Compensation Act and Workers Compensation Board policy and must consider the merits and justice of each case. It is noted that while the Act requires that Board decisions shall always be given upon the real merits and justice of the case, the current policy does not hold the Board to the same mandatory standards as are imposed upon the Board by Section 56(2) of the Act. Currently, as stated, the Policy on Internal Reconsideration, which is said to be the process used to ensure that decisions of the Board are fair, reasonable and consistent, does not require the Board to consider the real merits and justice of each case. It is the view of this panel that this policy, being inconsistent with the Act, must in any event give way to the paramount statutory duty imposed upon the Board to be fair, reasonable and consistent in its decisions. Section 61 (2) states: The Board may by its policy or bylaw rearrange such classes and transfer any employer or industry to any other class. This Tribunal is of the view that if the Board is going to exercise its discretion through its policy or by-laws and rearrange such classes and transfer any employer or industry to another class, then it must do so in a manner that evidences fairness, reasonableness and consistency. In the Graphic Design Case, no mention was made of the Board implementing any policy or operating pursuant to any by-laws to empower it to reclassify that employer into Other Business Services within Rate Group 108. Although the Board noted that the employer s request presented some challenges, it reached the decision to assign that employer to its proper class in order to ensure a classification assignment that is more in keeping with current WCB practice.

14 14 Even if there was no current WCB practice in reclassifying an employer; the Board in appropriate circumstances is required, pursuant to Section 61(3), to assign every member within the scope of this part to its proper class. The willingness to reclassify an employer and apply a new rate group is on record in WCAT Decision #18 where the Board, in the fulfillment of its mandate to be fair and reasonable, wrote to the employer to confirm that it was willing to adopt a slightly different approach for the treatment of the employer s carpet sales and flooring industry. It was stated that the Board s review was prompted by an inconsistency in the classes and rate group applying to employers participating in the same industry. The Board concluded in that case by stating, to ensure consistent treatment to employers in this industry the Board is amending its current practice. Despite the able presentation by the Employer Advisor; pointing out the many reasons as to why it should be reclassified and given a different group rating, showing the similarities with its business with that of the Graphic Design business (and the dis-similar result), the willingness by the Board to reclassify in some cases - even if a slightly different approach was necessary, on the one hand; and the inflexible position taken by the Board on the other, leads this Tribunal to conclude that there is good cause for concern by the Employer in this case as to the fairness, reasonableness and consistency that it argues was not afforded to it by the Board. A review of the IRO decision leads us to conclude that the Board took a position, on the issues in this case, that was especially rigid - at the expense of fairness, reasonableness and consistency. While the IRO correctly pointed out that Section 61(1) requires that all employers shall, for the purpose of creating and maintaining the accident fund, in the discretion of the Board, be divided into classes, she made no mention of the Board s discretion to rearrange such classes and transfer an employer or an industry to another class - nor did she mention the Board s statutory duty to assign employers to the proper class. Keeping in mind that this Tribunal is bound by Board Policy (Section 56(17), it is of the view that a decision by the Board that is not in accord with Board policy or the Act, as is evident in this case, is not binding on the Tribunal. The Employer noted that while the Board referred to the findings of Nexus Actuarial Consultants Ltd. as set out in its Executive Summary to the effect that: The current classification system is basically sound and is not in need of significant modification, even though employers often express concerns about it;

15 15 The report also concluded that: DECISION The current grouping of Standard Industrial Classification (SIC) codes into Rate Groups is basically sound although there are a few Rate Groups that may be split up and a few Rate Groups that may be collapsed into other Rate Groups. In all of the circumstances, applying the Standard of Correctness, we find and so hold, that the decision of the IRO in refusing and/or neglecting to reclassify the employer into the proper class as required by Section 62(3) of the Act; and, to refuse or neglect to change the rate group from 309 to 108 was incorrect. In particular, the decision was unfair, given the approach taken by the Board in this case, as other employers with similar requests had been reclassified, even if a slightly different approach was necessary to reach the desired result. In addition to the decision being incorrect, we are also of the view that it was not reasonable in that it failed to address the reality of the undisputed fact that it has been more than forty (40) years since a mechanical printing machine was used by the employer at its work site. Furthermore, the decision of the Board was not consistent with the manner in which at least two (2) other reclassification decisions, earlier referred to herein, were made. The Appeal is therefore allowed and the Board shall reclassify the employer s business from SIC 2841 to SIC 2839 and change its rate group from 309 to 108 or alternatively, reclassify it by identifying a proper class within the 108 rate group. Dated this 14 th day of June ALLEN J. MacPHEE, Q.C. Chair of the Appeal Tribunal JAMIE MATTHEWS Panel Member SCOTT DAWSON Panel Member

16 WORKERS COMPENSATION BOARD APPEAL TRIBUNAL BETWEEN: ISLAND PRESS LTD. APPELLANT AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND RESPONDENT DECISION #55

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