Longshoreman receives a $500,000 award for his lost future earning capacity

Mr. Arletto’s injuries from an mva included back and shoulder pain. His doctors finally determined that they were permanent. He was employed as a longshoreman for 14 years prior to his accident.

In 2011, he became a full member of the longshoremen’s union, ILWU. This was significant as it greatly increased his compensation and work security. However in order to qualify for a pension, he needed to work at least a certain number of hours per year.

Because he suffered from severe pain after his accident, Mr. A’s doctors told him to work less. He followed their advice and worked 20% less. He submitted that he is now not capable of working until normal retirement age and he will have to retire early. He has also given up on improving his rating within his union in order to obtain a more desirable job.

On Jan 20, 2016 in Vancouver, Madam Justice Dillon released her reasons for judgment. She concluded that Mr. A:

  • was a very dedicated employee,
  • would not have reduced his working hours absent his accident,
  • will likely now have to retire early at age 60 and
  • will likely lose pension benefits as a result of his early retirement.

Mr. A’s counsel presented the judge with calculations prepared by a labour economist on the present value of his expected future income loss. This is standard procedure. The judge accepted that these figures applied to Mr. A’s vocational future and awarded him $500,000 for this category of his damages.

See Arletto v Kin, 2016 BCSC 77