Applicant awarded loss of earning capacity benefits based on a nil residual earning capacity and converted full-time pre-accident income.
The applicant, a registered nurse, was struck by a vehicle and sustained a knee fracture.
She applied for statutory accident benefits, and the insurer paid income replacement benefits until terminating them based on a residual earning capacity assessment that concluded she could work full-time as a clinic nurse.
The arbitrator found that while the applicant was physically capable of light nursing duties, such positions were not accessible to her in her area due to a poor job market, resulting in a residual earning capacity of nil.
The arbitrator also determined that the applicant's pre-accident earning capacity should be calculated by converting her part-time nursing income to full-time income under section 86 of the Schedule, as there was a real possibility she would have secured full-time employment but for the accident.
The applicant was awarded ongoing loss of earning capacity benefits, but her claim for a special award was dismissed as the insurer's conduct did not amount to an unreasonable delay or withholding of benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 23, 2000
