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Arbitrator determines quantum and duration of weekly income benefits for two brothers injured in a motor vehicle accident.
The applicants, two brothers, were injured in a motor vehicle accident and sought weekly income benefits from their insurer.
The insurer terminated benefits in the summer of 1992.
Following an arbitration hearing, the arbitrator determined the applicants' pre-accident weekly incomes and calculated their respective benefit amounts.
Based on medical and psychological evidence, the arbitrator found that one applicant was disabled from his job as a bodyshop helper until December 30, 1992, and the other was disabled from his job as a cleaner until April 30, 1993.
Claims for repayment by the insurer and a special award by the applicants were dismissed due to a lack of evidence.
The applicants were awarded their arbitration expenses.
Claim for weekly income benefits dismissed as fraudulent after employer testified the applicant never worked there.
The Applicant sought weekly income benefits following a motor vehicle accident while driving an uninsured vehicle.
The arbitrator determined that the Toronto Transit Commission, as the owner of the other vehicle involved, was the proper insurer.
However, the arbitrator dismissed the claim for benefits, finding that the Applicant had never been employed as claimed and that the claim was entirely fraudulent.
The arbitrator noted the inability to award costs against a fraudulent applicant under the existing legislation.
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