William Thomas

The applicant was injured in a motor vehicle accident while working as a taxi driver.

He applied for income replacement benefits, and a preliminary issue hearing was held to determine whether he was 'employed' or 'self-employed' under the Statutory Accident Benefits Schedule.

The insurer argued he was an independent contractor, noting he paid a daily lease for the cab and received no T4.

The arbitrator applied common law tests for employment, finding that the taxi company controlled his hours, owned the vehicle and dispatch system, and bore the primary risk of profit and loss.

The arbitrator concluded the applicant was 'employed' and entitled to base his benefits calculation on the four weeks prior to the accident.

The applicant was injured in a motor vehicle accident and claimed entitlement to weekly income replacement benefits of $430.71 based on his income as an independent convenience store operator.

The insurer paid $238.07 weekly.

The arbitrator found the applicant's evidence regarding his employee wage costs to be inconsistent and unsupported by documentation.

The arbitrator accepted the insurer's expert accounting evidence, which calculated the applicant's net weekly income at $264.53, entitling him to a benefit of $238.07.

The claim for a special award was dismissed as the insurer had paid the proper amount.