Dr. David Gordon Chess

The Applicant, a farmer, was injured in a motor vehicle accident and claimed ongoing weekly income benefits after the Insurer terminated them.

The Insurer argued the Applicant was no longer substantially disabled and that a $1,500 payment from his father should be deducted as post-accident income.

The Arbitrator found the Applicant was substantially disabled from performing the essential heavy tasks of farming, such as driving a tractor and lifting machinery, supported by medical evidence.

The Arbitrator also held the $1,500 payment was a gift or loan, not earned income, and therefore not deductible.

The Applicant was awarded ongoing benefits and expenses.