D’Arcy McGoey

The applicant was injured in a motor vehicle accident and claimed income replacement benefits for his employment as a bus driver and for a separate arrangement where he provided landscaping services in exchange for free accommodation.

The insurer terminated benefits, arguing the applicant was not substantially disabled from his bus driver position and that the landscaping arrangement did not constitute employment.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of both jobs due to his back impairment and reduced tolerance for prolonged sitting.

The arbitrator also held that the barter arrangement for accommodation constituted employment under the Schedule.

The applicant was awarded income replacement benefits for both employments, subject to deductions for collateral benefits and post-accident income, as well as his arbitration expenses.

The appellant insurer appealed an arbitrator's order that included a special award under subsection 282(10) of the Insurance Act.

On consent of the parties and based on written submissions, the Director's Delegate ordered that the paragraph of the arbitrator's order requiring the insurer to pay a special award of 35% be rescinded.

The balance of the appeal was dismissed.

The applicant was injured in a motor vehicle accident and received weekly income benefits.

A preliminary issue was raised regarding the interpretation of the phrase 'for any period in excess of 156 weeks' in section 13(8)(b) of the Statutory Accident Benefits Schedule.

The arbitrator held that the phrase means 156 weeks of disability, rather than a continuous 156-week period from the date of the accident or 156 weeks of benefits actually paid.