Insurer's appeal dismissed; insured met post-156 week test and entitled to maximum weekly income benefits.
The insurer appealed an arbitration decision that found the insured met the post-156 week test for weekly income benefits.
The insurer argued the insured's post-accident employment income was roughly equivalent to his pre-accident income, demonstrating he was able to maintain employment for which he was reasonably suited.
Following a partial rehearing where additional financial records were produced, the insurer conceded the insured's pre-accident income was substantially higher.
The Director's Delegate dismissed the appeal, confirming the insured's entitlement to weekly income benefits at the maximum rate of $600 per week, subject to deductions for post-accident income, and awarded limited interest and appeal expenses.
Non-Marine Underwriters, Members of Lloyd’s of London, England v. Glenn E. Thompson, 1996 ONICDRG 193