The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
He initially represented to the insurer that he was unemployed at the time of the accident, allegedly to avoid termination of his WSIB benefits.
He later claimed he was employed and sought income replacement benefits.
The insurer denied the benefits, arguing the Applicant wilfully made a material misrepresentation.
The Arbitrator found that employment status is a fundamental aspect of an application for weekly benefits and is therefore a material fact.
The Arbitrator concluded that the Applicant is precluded from receiving income replacement benefits pursuant to section 48 of the Schedule due to his wilful misrepresentation.
