Norm McCully

The applicant, a registered nurse, was struck by a vehicle and sustained a knee fracture.

She applied for statutory accident benefits, and the insurer paid income replacement benefits until terminating them based on a residual earning capacity assessment that concluded she could work full-time as a clinic nurse.

The arbitrator found that while the applicant was physically capable of light nursing duties, such positions were not accessible to her in her area due to a poor job market, resulting in a residual earning capacity of nil.

The arbitrator also determined that the applicant's pre-accident earning capacity should be calculated by converting her part-time nursing income to full-time income under section 86 of the Schedule, as there was a real possibility she would have secured full-time employment but for the accident.

The applicant was awarded ongoing loss of earning capacity benefits, but her claim for a special award was dismissed as the insurer's conduct did not amount to an unreasonable delay or withholding of benefits.

The applicant was injured in a motor vehicle accident and sought income replacement benefits, alleging he had a legitimate contract of employment to commence work as a truck driver shortly after the accident.

The insurer disputed the existence of the contract.

The arbitrator reviewed the evidence, including the financial viability of the alleged guaranteed weekly wage in a seasonal industry, and found the applicant's evidence improbable.

The arbitrator concluded the applicant failed to establish the existence of a legitimate contract of employment entered into prior to the accident, and dismissed the claim.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer until the insurer stopped payments, alleging an overpayment.

The applicant sought arbitration to reinstate benefits and determine the proper quantum.

The arbitrator found that the applicant suffered only soft tissue injuries and, relying on surveillance evidence and orthopaedic opinion, concluded he was not substantially unable to perform his pre-accident employment.

The arbitrator also found the applicant failed to prove his pre-accident income exceeded the minimum threshold.

Consequently, the arbitrator ordered the applicant to repay $14,086.40 in overpaid benefits, as the overpayment resulted from error or fraud regarding his income.

The Applicant was injured in a motor vehicle accident and sought weekly income benefits.

He was the president and controlling shareholder of an electrical contracting business.

The Insurer argued the Applicant should be treated as self-employed, attributing the company's income and expenses directly to him, which would reduce his benefits.

The arbitrator rejected the Insurer's approach, finding that the Applicant's pre-accident salary of $600 per week was a real and reasonable salary within the context of the company's history.

The arbitrator ordered the Insurer to pay the maximum weekly income benefit of $600, without deducting business expenses or post-accident corporate income, plus interest and arbitration expenses.

The applicant, who was injured in a motor vehicle accident, sought a determination of the quantum of weekly income benefits payable by the insurer.

The arbitrator found that the applicant, as president of a closely-held corporation, had structured his financial affairs to minimize his income, receiving only director's fees and dividends rather than a salary.

Consequently, his gross weekly income from employment was insufficient to qualify for more than the minimum weekly benefit.

After deducting post-accident income received and available from the corporation, the arbitrator concluded the applicant was not entitled to any further benefits and ordered him to repay $6,496 that the insurer had overpaid.

The applicant was awarded his arbitration expenses.