Applicant's residual earning capacity determined to be zero due to severe accident-related depression and anxiety.
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.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 29, 1999
