Debra Chiasson

The parties appealed an arbitration order regarding the calculation of the claimant's loss of earning capacity benefits.

The claimant was a self-employed hairdresser at the time of the accident.

The Director of Arbitrations found that the Arbitrator erred by failing to convert the claimant's pre-accident earning capacity from gross to net income, as required by section 81 of the Statutory Accident Benefits Schedule.

The Director accepted the calculations provided by the insurer's accounting expert and recalculated the weekly benefits accordingly, reducing the amounts payable to the claimant.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including a loss of earning capacity (LEC) benefit, housekeeping expenses, and shop assistant expenses.

The arbitrator determined the applicant's pre-accident earning capacity based on her reported income and unreported tips, and found she had no residual earning capacity due to a mild to moderate brain injury.

The claim for a shop assistant was dismissed as an unreasonable rehabilitation expense, while the claim for housekeeping expenses was allowed.

The applicant's request for a special award was dismissed.