Highlights of Noteworthy Decisions

Decision 672 17
S. Ryan
  • Supplements, transitional provisions (calculation) (deemed earnings)

The worker appealed a decision of the Appeals Resolution Officer basing supplementary benefits under s. 147(4) of the pre-1997 Act at the sixty-month review on deemed earnings.

The Vice-Chair agreed with Decision No. 960/06 and found that there is no basis in law or policy to base s. 147(4) supplementary benefits on deemed earnings. In this case, the worker had only a 7% pension but his earnings were significantly lower than pre-accident earnings. The worker was entitled to the supplement based on his actual earnings at the time.
The appeal was allowed.