The Applicant was injured in a motor vehicle accident and sought housekeeping and income replacement benefits from her insurer.
The insurer disputed the housekeeping expenses, arguing they were not 'incurred' as the Applicant could not prove she spent the claimed amounts weekly.
The Arbitrator applied a broad interpretation of 'incurred' and awarded the housekeeping benefits.
The insurer also sought to deduct a lump sum long-term disability settlement the Applicant received after five years of litigation from her income replacement benefits.
The Arbitrator held that under section 7(1) of the Schedule, the insurer could not deduct the lump sum payment because the collateral benefits were not 'being received' periodically during the relevant time.
The Arbitrator also denied the insurer's request to deduct union dues from the calculation of net weekly income and awarded the Applicant interest on the overdue benefits.
