Weekly income benefits calculated by averaging actual income over the four weeks preceding the accident; pre-existing conditions limited duration of benefits.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
At the time of the accident, he was receiving Workers' Compensation Benefits for a prior work-related injury.
The arbitrator determined that the applicant's gross weekly income must be calculated by averaging his actual income over the four-week period preceding the accident, without disregarding periods of unemployment.
The arbitrator also held that the Workers' Compensation Benefits received by the applicant must be deducted from the weekly income benefits payable by the insurer.
The applicant was awarded weekly income benefits for a limited period, as the arbitrator found that his ongoing inability to work after January 19, 1994, was substantially caused by pre-existing conditions not related to the motor vehicle accident.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 6, 1996
