Self-employment income benefits calculated net of ceasing expenses; special award granted for unreasonable delay.
The applicant was injured in a motor vehicle accident and received weekly income benefits.
A dispute arose regarding the calculation of his self-employment income, specifically whether reduced business expenses constituted 'ceasing expenses' under section 12(7)3. of the No-Fault Benefits Schedule, and whether post-accident income should be deducted net of expenses under section 15.
The arbitrator held that a significant reduction in an expense can be treated as a ceasing expense.
Furthermore, post-accident income under section 15 must be calculated net of expenses incurred to generate it.
The arbitrator also ordered a special award of $350 against the insurer for unreasonably delaying the reinstatement of disability benefits after the applicant's unsuccessful attempt to return to work.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 24, 1994
