The appellant, who was twelve years old at the time of a motor vehicle accident, applied for an Educational Disability Benefit (EDB) and a Loss of Earning Capacity Benefit (LECB) under the Bill 164 Schedule.
The Director's Delegate confirmed the arbitrator's decision that when the appellant turned sixteen, no EDB was payable unless she suffered a complete inability to carry on a normal life.
However, the Delegate held that the test for an LECB offer when she turned sixteen was either a partial or complete inability to carry on a normal life, and remitted the matter to arbitration to determine if she met this test.
