2 total
Appeal dismissed; post-accident income from continued self-employment reduced income replacement benefits to zero.
The appellant was injured in a motor vehicle accident and claimed income replacement benefits.
The insurer initially paid benefits but terminated them, incorrectly assuming collateral long-term disability benefits reduced the payable amount to zero.
At arbitration, the arbitrator found the appellant continued to work as a property developer post-accident, earning substantial income that reduced his payable benefits to zero.
The Director's Delegate upheld the arbitrator's decision, confirming that the appellant bore the onus of proving his claim and that his post-accident income negated his entitlement to benefits.
Application for income replacement benefits dismissed because applicant's post-accident self-employment income reduced entitlement to zero.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident, claiming he was unable to work and that his business income was passive.
The insurer argued the applicant returned to work immediately, continued to operate his property development business, and earned income exceeding any IRB entitlement.
The arbitrator found that the applicant continued to perform his pre-accident duties, earned substantial post-accident income, and deliberately failed to produce his company's general ledger.
The application for IRBs was dismissed, as the post-accident income reduced the IRB entitlement to zero.
