Robert Lychenko

The plaintiff, a 25-year-old university student, was kidnapped, forcibly confined, and sexually assaulted by the defendant, a store clerk, after she entered a health food store.

The defendant was noted in default in this civil action after being convicted criminally and designated a dangerous offender.

The court assessed damages, awarding the plaintiff $225,000 in general and aggravated damages, $75,000 in punitive damages, $827,957 for past and future income loss, and $125,000 for future care costs, plus substantial indemnity costs.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including a loss of earning capacity (LEC) benefit, housekeeping expenses, and shop assistant expenses.

The arbitrator determined the applicant's pre-accident earning capacity based on her reported income and unreported tips, and found she had no residual earning capacity due to a mild to moderate brain injury.

The claim for a shop assistant was dismissed as an unreasonable rehabilitation expense, while the claim for housekeeping expenses was allowed.

The applicant's request for a special award was dismissed.

The applicant was injured in a motor vehicle accident and subsequently developed severe depression and anxiety.

The insurer terminated her loss of earning capacity benefits, arguing her residual earning capacity was greater than her pre-accident earning capacity based on a RECDAC assessment suggesting she could work part-time as a general office clerk.

The arbitrator rejected the RECDAC's conclusion, finding the work simulation inadequate and preferring the evidence of the applicant's treating psychiatrist and a vocational rehabilitation specialist.

The arbitrator concluded that the applicant's psychological impairments rendered her residual earning capacity zero.