Appeal allowed in part; pre-accident earning capacity remitted due to evidentiary errors, but zero residual earning capacity upheld.
Liberty Mutual appealed an arbitration order requiring it to pay a loss of earning capacity benefit based on a pre-accident earning capacity of $31,000 and a residual earning capacity of zero.
The Director's Delegate upheld the finding of zero residual earning capacity, noting it was supported by evidence that the claimant could not work reliably or consistently.
However, the Delegate allowed the appeal regarding pre-accident earning capacity, finding the Arbitrator erred in law by failing to consider the credibility of the claimant's undocumented assertion that she was about to open a third gas station.
The issue of pre-accident earning capacity was remitted to the Arbitrator.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 8, 2004
