Sentences with phrase «of earning capacity benefits»

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

When negotiating with the insurer, stress that you will attempt to have the benefits reinstated and then if successful, the insurer will be required to make a loss of earning capacity benefit offer.

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.

(a) every continuing periodic amount payable by an insurer as an income replacement benefit, education disability benefit, caregiver benefit or loss of earning capacity benefit in accordance with the Schedule shall be revised, effective the 1st day of January in every year after 1994, using the indexation percentage published under subsection 268.1 (1); and

Not exact matches

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If this is true for you, you can seek the full value of your lost wages, benefits, and future earning capacity related to your injury, past, present, and future.

The defendant, like many employers and carriers around the state, had been insisting that the Supreme Court's vague orders in Lofton and Harder must be interpreted to permit reduction of benefits for a mere wage earning capacity regardless of actual job opportunities reasonably available to a worker.

• Past and future medical expenses • Past and future wage loss • Lost earning capacity • Loss of financial benefits • Pain and suffering • Loss of consortium claim by your spouse

These benefits can help cover the cost of hospitalization, medical treatment and rehabilitation, lost wages, loss of earning capacity, future physical or emotional conditions, counseling and other damages.

All payments in respect of the incident that the plaintiff receives after the trial of the action for statutory accident benefits in respect of pecuniary loss, other than income loss, loss of earning capacity and expenses for health care.

Economists and other expert witnesses may be required to help shed light on the value of the lost wages, benefits and earning capacity.

(ii) for income loss or loss of earning capacity under the laws of any jurisdiction or under an income continuation benefit plan,

All payments in respect of the incident that the plaintiff has received or that were available before 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.

All payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of the income loss and loss of earning capacity.

(6) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for pecuniary loss, other than the damages for income loss or loss of earning capacity and the damages for expenses that have been incurred or will be incurred for health care, shall be reduced by all payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of pecuniary loss, other than income loss, loss of earning capacity and expenses for health care.

(vi) for statutory accident benefits in respect of pecuniary loss, other than income loss, loss of earning capacity and expenses for health care; and

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

These may include — but are not limited to — past wage loss and loss of future earning capacity, past and future loss of fringe benefits, physical disfigurement, physical pain and suffering.

Generally speaking, a worker covered by the LHWCA is entitled to temporary compensation benefits of 2/3 his average weekly wage while undergoing medical treatment, and then either to a scheduled award for injury to body parts or 2/3 of the workers» loss of earning capacity.

Wrongful death settlements may also compensate for the loss of your family member's earnings, earning capacity, and benefits.

Economic or easy to calculate damages • Medical bills from the time of the incident to death • Funeral expenses • Loss of earning capacity, including benefits to dependents

Basic PIP coverage also provides 60 % of disability benefits for lost gross income and earning capacity up to a limit of $ 10,000.

Introduction Loss of earnings and earning capacity - Determinate earnings streams and accident effects - A determinate upper limit to the plausible loss - Uncertain earnings - Indeterminate future effects Uncertain earnings and indeterminate future effects Domestic capacity Men's loss of marriage benefits CanLII cases that cite «Teasley»

Depending on the type of disability, a qualifying employee may be entitled to benefits based on a scheduled award or a loss of earning capacity.

In addition to your lost income and loss of future earning capacity, you may be entitled to recover any loss of benefits, such as health insurance, pension plans, bonuses or other benefits directly associated with your employment.

In consideration of what is under this provision, the employee expressly waives any claim against the Employer, in the event of termination of employment, all other amounts whatsoever for damages, compensation in lieu of notice or in any other capacity whatsoever by reason of termination of employment, except for wages, vacation pay and other benefits earned and unpaid at the time of termination.

In Leskun v. Leskun, [2006] 1 S.C.R. 920, at para. 29, the Court defined «means» as including «all pecuniary resources, capital assets, income from employment or earning capacity, and other sources from which the person receives gains or benefits», adopting the formulation of the traditional interpretation of «means» in Strang v. Strang, [1992] 2 S.C.R. 112, at para. 15.

The Supreme Court of Canada has interpreted «means» in the spousal support context expansively to include «all pecuniary resources, capital assets, income from employment or earning capacity, and other sources from which the person receives gains or benefits»: Strang v. Strang, [1992] 2 S.C.R. 112 at 119; Leskun v. Leskun, 2006 SCC 25 at para. 29.

In addition to your lost income and loss of future earning capacity, you may be entitled to cover any loss of benefits as part of the compensation for personal injury.

(3) In taking into account the income, earning capacity, property and financial resources of the mother, the court must disregard any entitlement of the mother to an income tested pension, allowance or benefit.

(a) have regard to the capacity of the child to earn or derive income, including any assets of, under the control of or held for the benefit of the child that do not produce, but are capable of producing, income; and

(2) In taking into account the income, earning capacity, property and financial resources of a party to the proceedings, the court must have regard to the capacity of the party to earn and derive income, including any assets of, under the control of or held for the benefit of the party that do not produce, but are capable of producing, income.