Dr. E.J. White

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.

The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer.

The insurer terminated her weekly benefits, and the applicant sought arbitration to claim benefits for the period between December 1991 and May 1993.

The arbitrator found that the applicant had a pre-existing disability and failed to prove that the accident caused or significantly contributed to her inability to perform her homemaking tasks during the disputed period.

The arbitrator accepted the insurer's medical evidence that the applicant was substantially able to perform her essential tasks.

The claim for weekly benefits was dismissed, but the applicant was awarded her arbitration expenses.