Applicant found substantially disabled and entitled to ongoing weekly income benefits calculated as self-employment income.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them, claiming he was no longer substantially disabled from his pre-accident employment as a drywall installer and glazier.
The arbitrator found the applicant's complaints of chronic pain to be genuine and supported by medical evidence, concluding he remained substantially disabled.
The arbitrator also determined the applicant was self-employed rather than an employee, requiring a recalculation of his weekly income benefits by deducting ceasing business expenses.
The insurer was ordered to pay ongoing benefits at a reduced rate, and the applicant was ordered to repay the resulting overpayment from the initial period.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 15, 1997
