E. Menard

The appellant insurer appealed an arbitrator's decision awarding the respondent enhanced non-earner benefits of $320 per week.

The respondent had completed high school less than a year before the motor vehicle accident and had worked in various unskilled labour positions.

The insurer argued that the respondent's employment reflected his education and training because those were the best jobs he could obtain in the labour market.

The Director's Delegate dismissed the appeal, finding that the arbitrator correctly focused on the job requirements and the respondent's education, and properly concluded that his unskilled employment did not reflect his high school education.