What is the current state of the law on loss of earnings pension entitlement for a plaintiff who sustained a ruptured sprain in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from WCAT-2012-01746 (Re), 2012 CanLII 54945 (BC WCAT):
However, here, the reopening and permanent worsening of the worker’s pain, in my view, is sufficiently marked to require further evaluation of the worker’s permanent disability entitlement. This is particularly so in light of the significant policy changes around loss of earnings pension entitlement resulting from Jozipovic v. Workers’ Compensation Appeal Tribunal, 2012 BCCA 174.
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