Weekly income benefits calculated by averaging pre-accident income over 52 weeks, including periods of unemployment.
The applicant was injured in a motor vehicle accident while laid off and receiving unemployment insurance benefits.
He applied for weekly income benefits under the No-Fault Benefits Schedule.
The insurer denied the claim, arguing he was capable of working.
The arbitrator found the applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment for a limited period.
The arbitrator determined that the applicant's gross weekly income should be averaged over the full 52 weeks preceding the accident, including periods of unemployment, resulting in a weekly benefit of $455.58.
The arbitrator also held that short-term disability benefits from another plan were not 'available' to the applicant and should not be deducted.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 4, 1993
