Insurer ordered to pay loss of earning capacity benefits; residual earning capacity assessed at zero due to psychological impairments.
The applicant was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.
The insurer subsequently offered a loss of earning capacity benefit (LECB) of zero, arguing the applicant had a residual earning capacity as a retail trade manager.
The applicant disputed this, citing severe psychological impairments including PTSD, depression, and panic attacks that prevented sustained employment.
The arbitrator found that the Designated Assessment Centre failed to account for the applicant's psychological limitations when suggesting vocational alternatives.
Accepting the evidence of the applicant's treating psychologist, the arbitrator concluded the applicant's residual earning capacity was zero and awarded an LECB of $375.36 per week, without deduction for unsuccessful post-accident work attempts.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 11, 2003
