Dr. Surje S. Sira

The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them based on a functional capacity evaluation.

The applicant sought ongoing benefits and disputed the calculation of his pre-accident income.

The arbitrator found that the applicant remained substantially disabled from his occupation, as the functional evaluation failed to account for the 12-hour shifts required for his work to be reasonably remunerative.

Regarding the calculation of benefits, the arbitrator held that the applicant's farm losses were investment losses and should not reduce his pre-accident income.

However, the arbitrator ruled that the applicant's pre-accident income should be averaged over 52 weeks, rather than the 47 weeks he actually worked, to account for his vacation period.