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Casual, on-call nurse not on assignment at time of accident deemed unemployed for SABS purposes.
The Applicant was injured in a motor vehicle accident and claimed weekly income benefits under section 12 of the Statutory Accident Benefits Schedule, arguing she was employed as a nurse at the time of the accident.
The Insurer argued she was unemployed and entitled to benefits under section 13.
The Applicant worked on a casual, on-call basis for two nursing agencies and was not on an assignment when the accident occurred.
The arbitrator found that the Applicant was not employed at the time of the accident, as she had no guarantee of work, was not receiving salary, and had not worked the required 180 days in the preceding 12 months to qualify under section 12(3).
Therefore, the Applicant was entitled to benefits under section 13.
