The respondent insurer filed a request for reconsideration of a decision finding that the applicant was entitled to payment of an income replacement benefit that was improperly deducted due to her receipt of Employment Insurance sickness benefits.
The insurer argued the Tribunal erred in law by determining that EI sickness benefits were not deductible as gross employment income under s. 7(3) of the Statutory Accident Benefits Schedule.
The Tribunal dismissed the request, finding no error of law in its original interpretation that a genuine conflict exists in the Schedule and that EI sickness benefits fall within the temporary disability benefit exclusion under s. 47(3)(f)(i).
