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Teresa Garcia v. Liberty Mutual Insurance Company No.2

An insurer was ordered to pay a higher amount of loss of earning capacity to his client. In this decision, a residual earning capacity report by a Designated Capacity Assessment which stated that his client should not receive any income loss was rejected by an Arbitrator at the Financial Services Commission of Ontario. The Arbitrator accepted the disability of his client and awarded loss of earning benefits despite a finding that his client was not a credible witness.

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