Calculation of average gross weekly income includes only weeks actually employed, excluding periods of unemployment.
The insurer appealed an arbitrator's decision awarding the respondent the maximum weekly income benefit of $600.
The respondent had started a new job two days before the accident but had been unemployed for a portion of the preceding 52 weeks.
The insurer argued that the calculation of average gross weekly income under section 12(7) 1 of the No-Fault Benefits Schedule should include the weeks the respondent was unemployed, which would reduce the benefit amount.
The Director's Delegate dismissed the appeal, holding that the natural and ordinary meaning of the provision, in the context of the legislation's generous compensation scheme, requires averaging the income only over the weeks the insured was actually employed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 19, 1992
