Self-employed applicant awarded ongoing accident benefits and partial expenses despite unreliable income records.
The applicant, a self-employed contractor, was injured in a motor vehicle accident and sought ongoing statutory accident benefits.
The insurer disputed the calculation of his pre-accident income and his entitlement to benefits beyond the 156-week mark.
The arbitrator found the applicant's business records unreliable due to fraudulent alterations, calculating his income based on a 52-week average rather than a 4-week period.
On the issue of disability, the arbitrator determined that the applicant remained disabled from his pre-accident employment and required a work hardening program before transitioning to suitable alternative employment in construction retail.
The applicant was awarded ongoing benefits and partial expenses, with deductions for post-accident earnings.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 6, 1995
