Highlights of Noteworthy Decisions

Decision 644 13
B. Kalvin
  • Loss of earnings {LOE} (retirement) (early) (severance package)

The worker accepted an early retirement package after finding that she could not cope with the modified work offered by the employer. The Vice-Chair found that the work offered by the employer was not suitable. The compensable impairment was a significant factor in the worker's decision to retire. It was clear from the worker's testimony that she did not want to stop working but that she wanted to withdraw from a job that she was unable to manage. The Vice-Chair agreed with Decision No. 323/10, and found that the worker was entitled to LOE benefits after she stopped working for the accident employer and that severance benefits should not be factored into the calculation of the worker's LOE benefits since the severance benefits were not earnings from post-injury employment.