James Chow

The appellant was injured in a motor vehicle accident and received weekly income replacement benefits.

The insurer terminated the benefits in 2005.

The appellant argued that the benefits had automatically converted to loss of earning capacity benefits, which are lifetime benefits subject only to mandatory reviews.

The arbitrator found that the benefits remained income replacement benefits because the formal process for conversion, including a residual earning capacity assessment or a written agreement, had not occurred.

The Director's Delegate dismissed the appeal, finding no error of law in the arbitrator's interpretation of the evidence and the statutory scheme.

The applicant was injured in a motor vehicle accident and received weekly benefits from the insurer.

The insurer terminated benefits in November 2005.

The parties disputed whether the benefits paid from March 1997 to November 2005 were Income Replacement Benefits (IRBs) or Loss of Earning Capacity Benefits (LECBs).

The arbitrator found that the benefits were IRBs, as the insurer never properly converted the IRBs to LECBs under the Statutory Accident Benefits Schedule.

The insurer's continued payment of weekly benefits after an LECB offer was rejected did not constitute an agreement to convert the benefits.