Arbitrator determines loss of earning capacity and awards housekeeping expenses but denies shop assistant claim.
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.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 28, 2001