Applicant farm worker entitled to minimum weekly income benefits with no deduction for corporate farm income.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer stopped paying weekly income benefits, arguing the applicant was entitled to benefits under section 12 but that post-accident imputed income reduced the payable amount to zero.
The arbitrator found the applicant was employed or self-employed at the time of the accident, working on the family farm, and thus entitled to section 12 benefits rather than section 13 primary caregiver benefits.
The arbitrator refused to impute the farm's corporate income to the applicant, instead basing her pre-accident income on the 'money's worth' of benefits received, yielding the minimum weekly benefit of $185.60.
As the applicant did not work after the accident, no post-accident income was deducted.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 6, 1995
