Sentences with phrase «of earning capacity»

The complainant alleged permanent impairment of earning capacity in excess of $ 1 million.

70 per cent of the loss of earning capacity during that period, as determined in accordance with the regulations, in any other case.

You may be entitled to compensation for medical costs, pain and suffering, lost wages, and lost of earning capacity.

Helping understand loss of earning capacity claims in BC in today's personal injury case the claimant was a passenger when a row of cars stopped at a red traffic light.

The loss of earning capacity amount claimed by our client was disputed by the insurance company's expert, but was proven to be accurate.

I conclude that the plaintiff has suffered a loss of earning capacity equivalent to 20 % of the lifetime earnings of an average female lawyer.

The court must have specific evidence of earning capacity, such as evidence of past salary or typical salary of person with the defendant's ability and experience.

Typically, benefits are payable if the individual has a loss of earning capacity exceeding 15 - 20 % due to their disability.

There's also compensation available for any permanent injuries or loss of earning capacity caused by resulting injuries.

We surprisingly found that she didn't have a loss of earning capacity due to the loss of her arm.

They provide disclosures to you, which hold the tenant / buyer accountable for their representations of earning capacity.

The most interesting part of this judgement for me was the court's discussion of loss of earning capacity.

10 The issue of loss of earning capacity benefits has not been mediated under the provision of section 282 (2) of the Act.

(2) Clause (1)(a) does not apply to an award for income loss or loss of earning capacity under subsection 61 (1) of the Family Law Act.

To determine whether a substantial change in circumstances has occurred, the court must take into account the factors set forth above in 5/504 (a) as well as a number of factors including any change in the employment status of either party, any impairment of earning capacity of either party, property awarded to either party, increases or decreases in each party's income, and other factors.

You could be entitled to lost wages for any time you were off work to recover from your brain injury, or you could be entitled to damages for impairment of earning capacity if you are never able to return to the work you did prior to the accident.

If a person seeking alimony has some sort of limitation in terms of their earning capacity as a result of a diagnosed mental illness, the court is going to take that into consideration when determining the financial need of that party.

Life Care Plans, Vocational Evaluations, and Loss of Earning Capacity analysis depend on medical opinions.

I assess the plaintiff's damages for loss of earning capacity as 20 % of this, namely $ 372,960.

Here the Plaintiff advanced a claim of loss of earning capacity using the «capital asset approach «as set out by our Court of Appeal in Pallos v. ICBC.

Our client was also awarded $ 385,000 for future loss of earning capacity after we successfully argued that our client had planned to work well into his 70s and had significant language barriers that likely precluded him from alternative employment.

W was not entitled to live for the rest of her life at the same «rate» as H. To assist with recovery of her earning capacity, W was entitled to two years to recover and then develop her earning capacity.

The proof of his loss of earning capacity by use of expert testimony was critical to Attorney Gluck's successful resolution of the case for $ 3.75 million.

A: Your recovery in a personal injury action can include compensation for your medical expenses, hospital bills, income lost because of missed work, future medical or physical therapy expenses and compensation for any loss of earning capacity resulting from the accident.

The process for calculating loss of earning capacity requires first determining pre-injury earning capacity and then determining post-injury earning capacity.

In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events.

He offers plaintiff and defence counsel a full range of services to quantify economic loss — accounting expertise, earnings, contingency, and disability statistics, multipliers, present values of earning capacity and future care costs, and management and tax grossup allowances.

The Valuation of Earning Capacity: Definition, Measurement and Evidence.

Partial disability For a case in which someone's capital asset of earning capacity has been impaired but the actual effects can not be predicted accurately, Brown v Golaiy allowed a year's typical earnings.

He awarded $ 42,750 for future therapy, as well as $ 33,924 in damages for loss of earning capacity over the coming three years, when the plaintiff would hopefully be well enough to return to full - time employment.

Whilst the court accepted Proactive's argument that Rooney's image rights were ancillary to his main trade of professional footballer, it crucially stated that the contract nevertheless limited the extent to which he could take advantage of the earning capacity associated with that trade.

§ 4322, as well as case law, are clear that a support obligation is based upon the ability of a party to pay, and that the concept of an earning capacity is intended to reflect a realistic, rather than a theoretical, ability to pay support.

Amendments to subdivision (d) are intended to clarify when imposition of an earning capacity is appropriate.

The practical effect would be that the defence would have no expert medical evidence in a case where the plaintiff who, as I understand it, has continued to work essentially full time since the Accident served a report at the 84 day deadline which assesses her loss of earning capacity arising from the injuries sustained in the Accident at $ 300,000.

Stephen also argued the first appeal with respect to the Loss of Earning Capacity Benefit on behalf of Mr. Lehman.

All payments in respect of the incident that the plaintiff receives after the trial of the action for income loss or loss of earning capacity under the laws of any jurisdiction or under an income continuation benefit plan.

If one spouse receives money from a lawsuit or settlement because of personal injuries, that money remains the separate property of the injured spouse, unless it includes money that is intended to compensate for loss of earning capacity during marriage.

Women have become steadily more independent in terms of earning capacity, making it more possible for them to leave miserable marriages and survive economically, even if not to live lavishly.

Health can be recovered but what about the lose of earning capacity of an individual.

The Vocational Evaluation then drives the Loss of Earning Capacity analysis.

[14] The issue on appeal may be stated in this way — did the trial judge err in giving an award for past loss of earning capacity in circumstances where the plaintiff had fully mitigated his loss of income but where the circumstances of his replacement employment required him to work longer hours?

Restrictions based on remoteness of time and intervening events apply where a plaintiff seeks recovery for impairment of earning capacity.

Damages included loss of earning capacity of $ 353,000.00 and medical bills of $ 176,000.00.

Lehman v. GAN Canada Insurance Company, [1997] OIC A96 - 001417 In Lehman v. GAN Canada Insurance Company, Stephen argued the first Loss of Earning Capacity Benefit case in Ontario.