2 total
Self-employed applicant's IRB quantum set at $38.00 per week; interest awarded for delayed payment.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The central issue was the calculation of the IRB quantum for a self-employed individual.
The adjudicator determined that the applicant's IRB must be calculated based on her last completed taxation year prior to the accident, resulting in a quantum of $38.00 per week.
The adjudicator also found that the respondent failed to pay the benefit within the required time after receiving the disability certificate, entitling the applicant to interest on the overdue payments.
However, the applicant's claim for a special award under s. 10 of Reg. 664 was dismissed, as the respondent's delay was not found to be excessive or imprudent.
Application for accident benefits dismissed; injuries fell within Minor Injury Guideline and income replacement denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The Licence Appeal Tribunal found that the applicant's injuries were predominantly minor and subject to the $3,500 limit under the Minor Injury Guideline, as the applicant failed to establish chronic pain or a psychological impairment.
The Tribunal also dismissed the claim for an income replacement benefit, finding the applicant's accounting report unreliable and contradicted by his own reports of returning to work post-accident.
All claims, including those for additional chiropractic treatment and interest, were dismissed.
No co-appearing lawyers found.
No judges found.