Dr. M.C. Mason

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 weekly income benefits until the insurer terminated them, arguing she was no longer disabled.

The applicant, a real estate agent, claimed she could not work the long and unpredictable hours required by her occupation due to ongoing neck and back pain.

The arbitrator preferred the medical evidence of the applicant's treating specialist over the insurer's expert, finding that the ability to perform essential tasks must incorporate the ability to perform them in a manner that renders the work remunerative.

The arbitrator concluded the applicant suffered a substantial inability to perform the essential tasks of her occupation and ordered the reinstatement of weekly income benefits.