Margaret Heikkila

The appellant insurer appealed a trial judgment ordering it to pay the respondent caregiver benefits, compound interest, and to provide an offer for loss of earning capacity benefits (LECB) following a motor vehicle accident.

The insurer had terminated caregiver benefits based on a Designated Assessment Centre (DAC) report.

The Court of Appeal upheld the trial judge's findings that the respondent remained substantially disabled from performing caregiving tasks and suffered a diminished earning capacity.

The Court also affirmed that the unpaid benefits were 'overdue' under the Statutory Accident Benefits Schedule, thereby attracting compound interest.

The appeal was dismissed.

The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them, alleging overpayment based on fraudulent income records.

The arbitrator found that the applicant remained substantially unable to perform the essential tasks of her employment and was therefore entitled to ongoing weekly income benefits.

However, the arbitrator accepted the insurer's accounting evidence that the applicant's pre-accident financial records were not genuine.

Consequently, her benefits were reduced to the statutory minimum of $185.60 per week, and she was ordered to repay the overpayment to the insurer pursuant to section 27 of the Schedule.