1 total
Weekly income benefits must be calculated by averaging income over the full four weeks preceding the accident.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer paid weekly income benefits at the minimum rate of $185.60, calculating her average gross weekly income over the four weeks preceding the accident.
The applicant argued her income should be averaged only over the two weeks she actually worked, which would yield a higher benefit.
The arbitrator held that the plain meaning of the Schedule requires averaging over the full four weeks, even if the applicant did not work during some of those weeks.
The applicant was awarded the minimum benefit and her arbitration expenses.