2 total
Arbitrator determines residual earning capacity and orders payment of income replacement benefits pending valid assessment report.
The applicant was injured in a motorcycle accident and received income replacement benefits.
The insurer terminated these benefits, and the parties disputed the applicant's residual earning capacity.
Following a residual earning capacity assessment, the arbitrator determined the applicant was capable of working full-time as an electronics assembler, setting his residual earning capacity at $268.49 per week.
The arbitrator also held that the insurer was required to pay income replacement benefits until 14 days after the issuance of a valid assessment report, as the initial report was invalid and did not establish a failure to co-operate.
The applicant's request for a special award due to delayed payment of interim benefits was dismissed.
Arbitrator awards interim income replacement benefits and housekeeping expenses pending a valid DAC assessment report.
The applicant was injured in a motorcycle accident and applied for arbitration regarding his income replacement benefits and loss of earning capacity.
The insurer moved to stay the arbitration pending a report from a designated assessment centre (DAC) regarding residual earning capacity.
The applicant opposed the stay and moved for interim benefits, interim expenses, and housekeeping expenses.
The arbitrator declined to stay the arbitration but adjourned the loss of earning capacity issues pending a proper DAC report.
The arbitrator severed the housekeeping claim and awarded the applicant $500 in outstanding housekeeping expenses and $50 per week ongoing.
The arbitrator also ordered the insurer to pay interim income replacement benefits at $292.07 per week and interim disbursements of $1,738.
No co-appearing lawyers found.
No judges found.