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Appeal dismissed; proportional reduction in ongoing business expenses properly deducted as ceasing expenses from self-employment income.
The appellant, a self-employed individual injured in a motor vehicle accident, appealed an arbitration decision regarding the calculation of his weekly income benefits.
The core issue was the arbitrator's interpretation of 'ceasing expenses' under the Statutory Accident Benefits Schedule, specifically whether a proportional reduction in ongoing business expenses qualified as a ceasing expense.
The Director of Arbitrations dismissed the appeal, finding that the arbitrator's factual findings and legal conclusions were supported by the evidence.
The Director also refused to admit new evidence regarding the post-hearing purchase of a cellular telephone, as it did not meet the criteria for admission on appeal and could not affect the original calculation.
Applicant entitled to post-156 week income benefits as injuries prevented return to suitable employment.
The applicant was injured in a snowmobile accident and received statutory accident benefits.
The insurer terminated his weekly income benefits after 156 weeks.
The applicant applied for arbitration, arguing he remained continuously prevented from engaging in any occupation for which he was reasonably suited by education, training, or experience.
The arbitrator found that the applicant's physical restrictions prevented him from returning to his pre-accident work as an automotive mechanic or his previous work as a long-distance truck driver.
The arbitrator concluded the applicant was entitled to ongoing weekly income benefits and arbitration expenses.
Self-employment income benefits calculated net of ceasing expenses; special award granted for unreasonable delay.
The applicant was injured in a motor vehicle accident and received weekly income benefits.
A dispute arose regarding the calculation of his self-employment income, specifically whether reduced business expenses constituted 'ceasing expenses' under section 12(7)3. of the No-Fault Benefits Schedule, and whether post-accident income should be deducted net of expenses under section 15.
The arbitrator held that a significant reduction in an expense can be treated as a ceasing expense.
Furthermore, post-accident income under section 15 must be calculated net of expenses incurred to generate it.
The arbitrator also ordered a special award of $350 against the insurer for unreasonably delaying the reinstatement of disability benefits after the applicant's unsuccessful attempt to return to work.
