The applicant, a self-employed real estate broker, was struck by a vehicle and claimed ongoing weekly income benefits and expenses under the Statutory Accident Benefits Schedule.
The insurer terminated benefits at the three-year mark, arguing she could return to work or engage in other suitable employment.
The arbitrator found that the alternative jobs proposed by the insurer were unsuitable given the applicant's age, lack of administrative skills, and pre-existing arthritis.
However, based on surveillance evidence showing the applicant working full days without apparent restriction by May 1995, the arbitrator concluded she was no longer substantially unable to perform her essential tasks after that date.
The arbitrator also calculated her pre-accident income to establish a maximum weekly benefit of $1,050, allowed deductions for post-accident income, and awarded partial housekeeping and full snow removal expenses.
