Income replacement benefit denied; seasonal worker off work due to prior injury was not employed.
The applicant was injured in a motor vehicle accident and applied for an income replacement benefit.
The insurer denied the benefit on the basis that the applicant was not employed at the time of the accident.
The applicant, a seasonal construction worker, had stopped working months prior due to a work-related injury but believed he would be recalled.
The arbitrator found that as a seasonal worker, the applicant had no guarantee of continuous employment and was no longer an employee once he stopped working due to his prior injury.
The arbitrator concluded the applicant was not employed at the time of the accident.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 28, 2001
