Arbitrator determines caregiver's pre-accident earning capacity based on potential as an unskilled industrial worker.
The applicant, a caregiver injured in a motor vehicle accident, sought loss of earning capacity benefits (LECBs).
The parties agreed her residual earning capacity was zero, but disputed her pre-accident earning capacity (PEC).
The insurer argued her PEC was zero due to pre-accident cognitive and physical limitations, relying on a psychologist's assessment.
The arbitrator rejected the psychologist's opinion as unreliable and accepted the applicant's vocational expert, finding her PEC should be based on a gross annual income of $18,000 as an unskilled industrial worker.
The arbitrator dismissed the applicant's claims for retroactive attendant care benefits due to lack of evidence on quantum, and for the cost of an actuarial report obtained for settlement purposes.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 3, 2006
