Arbitrator determines pre-accident and residual earning capacities for loss of earning capacity benefit calculation.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
A dispute arose regarding the calculation of his pre-accident earning capacity (PEC) and residual earning capacity (REC) for the purpose of determining his loss of earning capacity benefit (LECB).
The arbitrator determined the PEC based on the insurer's accountant's calculation of the best 52 weeks of income in the 156 weeks prior to the accident.
The REC was determined based on two REC DAC assessments, finding the applicant capable of working as a mechanical assembler and later as a warehouseman.
The arbitrator ordered the insurer to pay the calculated LECB amounts and interest on any outstanding benefits, but denied the applicant's claim for a special award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 9, 2009
