Mr. J. Kumove

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

Following an initial arbitration decision that determined the applicant's residual earning capacity was zero, the parties disagreed on the calculation of amounts owing.

The arbitrator held that the insurer must pay interest on the loss of earning capacity benefits from the two-year mark, as the benefits were overdue.

Furthermore, the tax paid on the applicant's long-term disability benefits must be calculated based on his total post-accident income for the purpose of collateral benefit deductions.

The arbitrator also found that employer pension contributions are not taxable when calculating net weekly income, and that post-accident employee benefits are not deductible collateral benefits.

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, a self-employed stone mason, was injured in a motor vehicle accident and sought statutory accident benefits, including a Loss of Earning Capacity Benefit (LECB) and expenses for home completion and maintenance.

The arbitrator determined the applicant's pre-accident earning capacity based on what he could reasonably have earned, discounting for seasonal and economic factors, and found his residual earning capacity to be zero due to chronic pain and vocational barriers.

The arbitrator awarded a weekly LECB of $488.87.

The claim for $106,013 to hire labour to complete the applicant's custom home was dismissed as it lacked a rehabilitative purpose under section 40 of the Schedule.

However, the arbitrator allowed claims for specific home maintenance tasks that would significantly aggravate the applicant's pain.