Residual earning capacity confirmed at $25,301 annually for entry-level clerical work despite applicant's lack of interest.
The applicant was injured in a motor vehicle accident, resulting in finger amputations and post-traumatic stress disorder, preventing him from returning to his pre-accident work as a construction labourer.
The insurer paid loss of earning capacity benefits based on a residual earning capacity (REC) of $25,301.00 annually for entry-level clerical work, as determined by a DAC assessment.
The applicant disputed this REC, arguing that clerical work was unsuitable given his personal and vocational characteristics and the possibility of psychological deterioration.
The arbitrator found that the proposed clerical occupation met the criteria under section 30 of the Schedule, noting that the applicant's young age, lack of specialized transferable skills, and social competence made the occupation suitable despite his lack of interest and the lower income compared to his pre-accident earnings.
The REC was confirmed at $25,301.00 annually.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 5, 2000
