The applicant was injured in a motor vehicle accident and elected to receive education benefits instead of income replacement benefits.
She later sought to change her election, arguing the insurer misinformed her about the calculation of income replacement benefits by stating tips could not be included unless declared on her income tax return.
The arbitrator found that while the insurer's advice was incorrect, the applicant did not rely on this misrepresentation when making her election.
The application to re-elect was dismissed.
