Dr. Carolee Orme

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the claims, asserting the applicant's injuries fell within the Minor Injury Guideline (MIG).

The adjudicator found that the applicant's injuries were predominantly minor soft tissue injuries and that she had exhausted the $3,500 MIG limit, disentitling her to further medical and attendant care benefits.

The adjudicator also dismissed the claim for income replacement benefits, noting the applicant had returned to work shortly after the accident and failed to provide persuasive medical evidence demonstrating a substantial inability to perform the essential tasks of her employment.

The applicant was injured in a motor vehicle accident, resulting in finger amputations and post-traumatic stress disorder, preventing him from returning to his pre-accident work as a construction labourer.

The insurer paid loss of earning capacity benefits based on a residual earning capacity (REC) of $25,301.00 annually for entry-level clerical work, as determined by a DAC assessment.

The applicant disputed this REC, arguing that clerical work was unsuitable given his personal and vocational characteristics and the possibility of psychological deterioration.

The arbitrator found that the proposed clerical occupation met the criteria under section 30 of the Schedule, noting that the applicant's young age, lack of specialized transferable skills, and social competence made the occupation suitable despite his lack of interest and the lower income compared to his pre-accident earnings.

The REC was confirmed at $25,301.00 annually.