Notably, the process of deeming came under attack during the WCB Review Panel’s meetings with the various groups. While the process of deeming workers to imaginary jobs is grossly illogical, it becomes even more illogical when a person understands how deeming is used to determine an earning loss such as an ELS or an ELP. Having been taught in grade school that apples must be compared to apples and oranges to oranges, WCB does not do this when it involves earning losses.
I shall explain. If a worker was injured and suffered a permanent disability and permanent work restrictions their pre-injury earnings on their DOA would be used as a reference to determine an earning loss by comparing pre-injury to post-injury earnings which is the correct method. However, when comparing pre-injury to post-injury earnings this must be done by comparing earnings in the year of the DOA. For example if a worker’s pre-injury earnings are $40,000.00 in 19991, an earning loss must be calculated using 1991 dollars either by using actual 1991 earnings or 1991 deemed earnings. You do not determine an earning loss by using 1991 dollars and compare post-injury actual or deemed earnings twenty or thirty years later which is how WCB determines an earning loss. No worker would ever be entitled to an earning loss as evident by the fact that over time with higher earnings over the course of 20 or 30 years later and then comparing the higher earnings to considerably less earnings 20 or 30 years ago. This is grossly illogical and mathematically incorrect as you have to compare apples to apples and oranges to oranges.