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Arbitrator determines residual earning capacity and orders payment of income replacement benefits pending valid assessment report.
The applicant was injured in a motorcycle accident and received income replacement benefits.
The insurer terminated these benefits, and the parties disputed the applicant's residual earning capacity.
Following a residual earning capacity assessment, the arbitrator determined the applicant was capable of working full-time as an electronics assembler, setting his residual earning capacity at $268.49 per week.
The arbitrator also held that the insurer was required to pay income replacement benefits until 14 days after the issuance of a valid assessment report, as the initial report was invalid and did not establish a failure to co-operate.
The applicant's request for a special award due to delayed payment of interim benefits was dismissed.
Claim for post-156 week income benefits largely dismissed as applicant failed to prove continuous disability.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits at the 156-week mark, asserting the applicant no longer met the more onerous disability test of being continuously prevented from engaging in any reasonably suitable employment.
The applicant sought ongoing benefits and a special award.
The arbitrator found that while the applicant required a brief adjustment period to return to work, she did not suffer a continuous disability preventing her from engaging in suitable employment beyond June 1, 1994.
The arbitrator preferred the insurer's medical evidence, noting inconsistencies in the applicant's presentation and surveillance footage showing her performing physical tasks without apparent difficulty.
The claim for ongoing benefits after June 1, 1994, and the request for a special award were dismissed.
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