Highlights of Noteworthy Decisions

Decision 1686 12
J. Josefo - B. Davis - A. Signoroni
  • Loss of earnings {LOE} (deemed earnings) (relocation) (out of province)

The worker suffered a low back injury in 1999. In Decision No. 576/07, the Tribunal found that the worker was entitled to a NEL assessment for permanent impairment and to ongoing partial LOE benefits. The Board then granted a 19% NEL award for permanent impairment and LOE benefits based on deemed earnings at minimum wage.

The worker moved back to his home province of New Brunswick in 2001. The worker now appealed denial of entitlement for psychotraumatic disability and denial of LOE benefits based on the minimum wage in New Brunswick.
On the evidence, the worker did not have entitlement for psychotraumatic disability.
Board Operational Policy Manual, Document No. 15-06-07, on leaving the province or country, provides that, if a worker leaves the province, the Board will continue to issue benefit payments in the same manner as if the worker resided in Ontario. This policy clearly states that benefits will be paid as if the worker was still residing in Ontario. Thus, Ontario factors will be used in that regard, including use of the Ontario minimum wage. The Panel confirmed the Board decision to continue using the Ontario minimum wage for calculation of the worker's partial LOE benefits.
The appeal was dismissed.