Michelle Elliott

The worker appealed a Case Manager's decision that based his long-term Loss of Earnings rate on his short-term earnings.

The worker, who had previously worked as a mechanic but had been unemployed and receiving Employment Insurance, was injured on the second day of a one-week contract as a labourer.

The Appeals Resolution Officer denied the appeal, finding that the worker did not have an established pattern of irregular employment and that using his previous mechanic earnings would misrepresent his long-term earning profile.

The use of short-term earnings for the long-term earnings basis was deemed justified.