Care benefits limited to post-surgery recuperation period; prior disability benefits do not constitute employment income.
The applicant was injured in a motorcycle accident and claimed statutory accident benefits, including care benefits for his wife who took time off work to care for him, and weekly income benefits.
The arbitrator found that the applicant required full-time care only during his two-month recuperation from spinal surgery, awarding care benefits for that period but denying them thereafter, as his ongoing vertigo and orthopaedic injuries did not necessitate 24-hour supervision.
On the issue of income benefits, the arbitrator held that the applicant's prior workers' compensation and no-fault benefits did not constitute 'income from employment', meaning his weekly benefits had to be calculated based on the statutory deemed minimum earnings.
The arbitrator remained seized of the insurer's claim for repayment of an alleged overpayment pending a pending Divisional Court ruling.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 27, 1993
