State Farm appealed an arbitrator's decision that Mrs. Scott's HOOPP disability retirement pension was not deductible from her income replacement benefits (IRBs).
Mrs. Scott sought a variation of the IRB quantum.
The Director's Delegate dismissed the appeal, finding the HOOPP pension is a non-indemnity payment akin to a regular pension and thus not deductible from IRBs to prevent double recovery.
The variation application was granted in part, finding an error in the original order regarding the net versus gross amount of long-term disability benefits and the failure to account for CPP disability benefits.
The exact calculation of IRBs was remitted to the arbitrator.
