The applicant was injured in a motorcycle accident and received income replacement benefits (IRBs) which were later commuted to loss of earning capacity benefits (LECBs).
The parties disputed the calculation of his pre-accident income, the deductibility of his disability pension, and his residual earning capacity (REC).
The arbitrator held that statutory employee benefits and vacation pay were excluded from gross income, but the normal employer pension cost was included.
The insurer was not entitled to use the section 82 income tables as it failed to prove a proper election.
The applicant's disability pension was found not to be a deductible collateral benefit.
Finally, the arbitrator determined the applicant's REC to be zero, rejecting the DAC's recommendation of Service Advisor and the insurer's alternative of Production Clerk, as neither was medically, personally, or vocationally suitable given the applicant's permanent upper extremity limitations.
