Dr. Day

The applicant was injured in a motor vehicle accident and sought caregiver and housekeeping benefits under the Statutory Accident Benefits Schedule.

The insurer paid benefits initially but terminated them.

The arbitrator dismissed the application, finding the applicant's evidence regarding his pre-accident responsibilities and post-accident needs to be inconsistent, contradictory, and lacking credibility.

The applicant failed to establish on a balance of probabilities that he suffered a substantial inability to perform his caregiving and housekeeping duties.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, asserting he was a successful self-employed jewellery manufacturer.

The insurer paid the maximum weekly income benefit of $600 based on a purported purchase order.

The arbitrator found that the applicant had fraudulently misrepresented the status of his business and the existence of the purchase order, and that the insurer had erred in calculating benefits based on anticipated rather than earned income.

The applicant was found to be self-employed but only entitled to the minimum weekly benefit of $185.60 for 156 weeks.

The insurer was awarded a repayment of $21,446.40 for the overpayment.

Claims for benefits beyond 156 weeks and a special award were dismissed.