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Barter arrangement for accommodation constitutes employment for the purpose of statutory accident benefits.
The applicant was injured in a motor vehicle accident and claimed income replacement benefits for his employment as a bus driver and for a separate arrangement where he provided landscaping services in exchange for free accommodation.
The insurer terminated benefits, arguing the applicant was not substantially disabled from his bus driver position and that the landscaping arrangement did not constitute employment.
The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of both jobs due to his back impairment and reduced tolerance for prolonged sitting.
The arbitrator also held that the barter arrangement for accommodation constituted employment under the Schedule.
The applicant was awarded income replacement benefits for both employments, subject to deductions for collateral benefits and post-accident income, as well as his arbitration expenses.
Insurer ordered to pay ongoing acupuncture, housekeeping, and transportation benefits; special award denied.
The applicant was struck by a vehicle and sustained serious injuries, including a fractured pelvis.
She applied for statutory accident benefits for acupuncture, housekeeping, transportation, and a treadmill.
The insurer terminated payments for these benefits.
The arbitrator found that the acupuncture treatments provided necessary pain relief and that the applicant required ongoing housekeeping and transportation assistance due to her physical limitations.
The claims for acupuncture, housekeeping, and transportation were granted, while the claim for a treadmill was dismissed due to insufficient evidence.
The arbitrator declined to make a special award, finding the insurer's conduct was not unreasonable.
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