28. (1) The amount of a weekly loss of earning capacity benefit for an insured person shall be determined in accordance with the following formula: A = 0.90 × (B – C) where, A =  the amount of the weekly loss of earning capacity benefit, B =  the person’s pre-accident earning capacity, determined in accordance with section 29, C =  the person’s residual earning capacity, determined in accordance with section 30. O. Reg. 776/93, s. 28 (1). (2) Despite subsection (1), the amount of a weekly loss of earning capacity benefit for an insured person who has received weekly education disability benefits under section 15 shall be the amount determined in accordance with the following formula: A = B – (0.90 × C) where, A =  the amount of the weekly loss of earning capacity benefit, B =  the person’s pre-accident earning capacity, determined in accordance with section 29, C =  the person’s residual earning capacity, determined in accordance with section 30. O. Reg. 776/93, s. 28 (2). (3) Subject to section 75, the amount of a weekly loss of earning capacity benefit shall not be less than $185 if, during the week in respect of which the benefit is payable, the insured person is suffering a complete inability to carry on a normal life as a result of the accident.  O. Reg. 776/93, s. 28 (3). (4) The weekly amount paid to a person under this Part shall not exceed $1,000 after making any deductions permitted by subsection 75 (1).  O. Reg. 776/93, s. 28 (4). Determining Pre-Accident Earning Capacity

29. (1) For the purpose of determining the amount of a weekly loss of earning capacity benefit under this Part, the pre-accident earning capacity of a person who is entitled to receive weekly income replacement benefits under paragraph 1, 3, 4 or 6 of subsection 7 (1) shall be deemed to be the person’s net weekly income from employment used in section 10 in determining the amount of weekly income replacement benefits immediately before payment of the weekly loss of earning capacity benefits begins, converted to a full-time net weekly income in accordance with section 86, if section 86 applies.  O. Reg. 776/93, s. 29 (1). (2) Despite subsection (1), the pre-accident earning capacity of a person who is entitled to receive weekly income replacement benefits under paragraph 1 of subsection 7 (1) and who was self-employed at the time of the accident shall be the net weekly income determined in accordance with section 81 or 82 using the gross annual income from employment that the person could reasonably have earned at the time of the accident, having regard to the person’s personal and vocational characteristics at that time.  O. Reg. 776/93, s. 29 (2). (3) For the purpose of determining the amount of a weekly loss of earning capacity benefit under this Part, the pre-accident earning capacity of a person who is entitled to receive weekly income replacement benefits under paragraph 2 or 5 of subsection 7 (1), weekly caregiver benefits under Part IV or weekly disability benefits under Part V shall be deemed to be the person’s net weekly income determined in accordance with section 81 or 82 using the gross annual income from employment that the person could reasonably have earned at the time of the accident, having regard to the person’s personal and vocational characteristics at that time.  O. Reg. 776/93, s. 29 (3). (4) The amount of a person’s pre-accident earning capacity determined under subsections (1), (2) and (3) shall not be less than, (a)  the net weekly income determined in accordance with section 81 or 82 using a gross annual income from employment equal to the person’s gross income from employment, including any temporary disability benefits and any benefits received under the Unemployment Insurance Act (Canada), for a period specified by the person of fifty-two consecutive weeks in the 156-week period before the accident, in the case of a person entitled to receive weekly income replacement benefits under paragraphs 1, 2, 3, 4 or 6 of subsection 7 (1), or a person who was self-employed at the time of the accident; or (b)  the net weekly income determined in accordance with section 81 or 82 using a gross annual income from employment equal to the person’s gross income from employment, including any temporary disability benefits and any benefits received under the Unemployment Insurance Act (Canada), for a period specified by the person of fifty-two consecutive weeks in the period that began 156 weeks before the person first became a primary caregiver and ended on the day of the accident, in the case of a person who is entitled to receive weekly income benefits under paragraph 5 of subsection 7 (1) or weekly caregiver benefits under Part IV.  O. Reg. 776/93, s. 29 (4). (5) For the purpose of determining the amount of a weekly loss of earning capacity benefit under this Part, the pre-accident earning capacity of a person who is entitled to weekly education disability benefits under section 15 shall be determined in accordance with the following formula: B = D × E where, B =  the pre-accident earning capacity, D =  the factor in the Table to this subsection set out opposite the range that includes the age the person has attained at the time the weekly loss of earning capacity benefit is to be paid, E =  the net weekly income determined in accordance with section 81 or 82 using a gross annual income from employment equal to 52 multiplied by the Average Weekly Earnings for Ontario, Industrial Aggregate, for the month of June in the year immediately preceding the year in which the determination of pre-accident earning capacity is first made under this section, as published by Statistics Canada under the authority of the Statistics Act (Canada). TABLE  Age Range (Years)   Factor 

  16 or over but under 18   0.55 

  18 or over but under 20   0.60 

  20 or over but under 22   0.65 

  22 or over but under 24   0.70 

  24 or over but under 26   0.75 

  26 or over but under 28   0.80 

  28 or over but under 30   0.85 

  30 or over   0.90 O. Reg. 776/93, s. 29 (5). (6) For the purpose of subsections (2) and (3), a temporary disability that the person had at the time of the accident shall not be considered in determining the gross annual income from employment that the person could reasonably have earned at that time.  O. Reg. 776/93, s. 29 (6). Determining Residual Earning Capacity

30. (1) For the purpose of this Part, the residual earning capacity of a person shall be deemed to be the net weekly income determined in accordance with section 81 or 82 using the gross annual income that the person could earn from the type of employment that best satisfies the criteria set out in subsection (2).  O. Reg. 776/93, s. 30 (1). (2) The criteria referred to in subsection (1) are: 1.  The person, i.  is able and qualified to perform the essential tasks of the employment, or ii.  would be able and qualified to perform the essential tasks of the employment if the person had not refused to obtain treatment or participate in rehabilitation that was reasonable, available and necessary to permit the person to engage in the employment. 2.  The employment exists in the area in which the person lives and is accessible to the person. 3.  It would be reasonable to expect the person to engage in the employment having regard to the possibility of deterioration in the person’s impairment and to the person’s personal and vocational characteristics.  O. Reg. 776/93, s. 30 (2). (3) For the purpose of subsection (2), a person is able and qualified to perform the essential tasks of an employment if, (a)  the person does not have any impairment that permanently prevents the person from performing those tasks; and (b)  the person has the job skills and any licence or other credentials required to perform those tasks, or could obtain those skills and the licence or credentials without significant effort.  O. Reg. 776/93, s. 30 (3). Termination of Other Benefits