Janet Olsen

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.

The central issue was the calculation of the IRB quantum for a self-employed individual.

The adjudicator determined that the applicant's IRB must be calculated based on her last completed taxation year prior to the accident, resulting in a quantum of $38.00 per week.

The adjudicator also found that the respondent failed to pay the benefit within the required time after receiving the disability certificate, entitling the applicant to interest on the overdue payments.

However, the applicant's claim for a special award under s. 10 of Reg. 664 was dismissed, as the respondent's delay was not found to be excessive or imprudent.

The applicant was injured in a motor vehicle accident and sought an income replacement benefit (IRB).

The respondent denied the claim on the basis that the applicant was not receiving Employment Insurance (EI) benefits at the time of the accident.

The applicant's EI benefit period ended on June 30, 2018, and the accident occurred on July 8, 2018, although the applicant received his final EI payment on July 11, 2018.

The Tribunal held that an applicant is only 'receiving benefits' under the Employment Insurance Act during an established benefit period.

Since the benefit period expired before the accident, the applicant was not receiving EI benefits at the time of the accident and was ineligible for an IRB.

The applicant applied for a $10,000 death benefit following her mother's death in a motor vehicle accident.

The insurer denied the claim on the basis that the applicant, an adult child living at home and working full-time, was not principally dependent on her mother for financial support or care.

The Tribunal found that the applicant earned sufficient income to be self-supporting and failed to prove that her mother provided more than 50% of her financial needs.

The application for death benefits and interest was dismissed.

The applicant's son was killed in a motorcycle accident.

The applicant applied for a death benefit from the insurer, claiming he was principally dependent on his son for financial support.

The insurer denied the claim, arguing the applicant's own financial resources, including social assistance, were sufficient to meet his needs.

The arbitrator found that the applicant's monthly expenses exceeded his own financial resources and that the deceased son provided the money to make up the shortfall.

The arbitrator concluded the applicant was principally dependent on his son and awarded the $35,000 death benefit, along with interest, but denied a special award.