Seasonal truck driver entitled to extrapolate income; special award granted for arbitrary attendant care reduction.
The applicant was seriously injured in a motor vehicle accident and claimed statutory accident benefits.
The parties disputed the calculation of income replacement benefits, loss of earning capacity benefits, and attendant care benefits.
The arbitrator found that the applicant, a seasonal truck driver, was entitled to extrapolate his income under section 9(7) of the Schedule because he was on a layoff from employment during the winter months.
The arbitrator also determined the applicant's pre-accident earning capacity based on a vocational evaluation, awarded additional attendant care benefits, and granted a 25% special award against the insurer for unreasonably reducing the attendant care benefits without a proper basis.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 30, 1998
