Applicant awarded increased non-earner benefits as pre-accident manual labour jobs did not reflect his artistic education.
The applicant was injured in a motor vehicle accident and received non-earner benefits of $185 per week.
After 104 weeks, he sought an increased benefit of $320 per week under s. 12(3) of the Statutory Accident Benefits Schedule, arguing that his pre-accident employment did not reflect his education and training.
The insurer denied the increase, contending that his jobs as a general labourer and turkey catcher were consistent with his high school education.
The arbitrator found that the applicant had a basic secondary school education with an emphasis in art, and that his pre-accident jobs did not reflect this education and training.
The applicant was awarded the increased non-earner benefit of $320 per week, along with interest on the overdue amounts.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 17, 2007
