B. Howarth — Appeals Resolution Officer

Worker v. Employer, 2009 CanLII 50568

Worker granted NEL redetermination for chronic pain, but R2 FEL wage calculation upheld.

The worker appealed a decision denying a non-economic loss (NEL) redetermination and challenging the potential wages used to calculate his final (R2) future economic loss (FEL) award.

The Appeals Resolution Officer found that the worker's condition had deteriorated over time, warranting a NEL redetermination for his chronic pain disability.

However, the Officer upheld the Claims Adjudicator's calculation of the R2 FEL benefit, finding that the projected earnings of $14.45 per hour were appropriate based on the worker's age and potential to attain that wage over 25 years.

The objection was allowed in part.

OWSIBSep 3, 2009

for the Worker

Worker RepresentativeAgent
1 appearance

1

Decisions

1

Years active

1

Tribunals

2009–2009

Active range

OWSIB1(100%)

Decision types

appeal

1