Highlights of Noteworthy Decisions

Decision 1362 10
R. Nairn - D. Purdy - G. Carlino
  • Earnings basis (short or casual employment)
  • Earnings basis (dependent contractor)
  • Work transition plan (self-directed program)

A truck driver suffered back and neck injuries in a motor vehicle accident in April 2008, for which he was granted a 29% NEL award. The worker appealed a decision of the Appeals Resolution Officer regarding the earnings basis for calculation of benefits and regarding the SO of security guard.

The worker was a dependent contractor. This was a break in his employment pattern from worker to dependent contractor, which justified using his earnings with the accident employer to calculate his average earnings. He had only been working for the employer for two weeks. Given the absence of a significant employment history with the accident employer, the Board correctly determined LOE benefits, in accordance with Operational Policy Manual, Documents No. 18-02-08 and 12-03-02, based on one-third of the maximum annual insurable earnings.
The SO identified by the Board of security guard was not appropriate for the worker. The worker was entitled to a new WT assessment and determination of a new SO, and to further LOE benefits.
The appeal was allowed in part.