The applicant was injured in a motor vehicle accident as a pedestrian on her second day of a new job.
She applied for an income replacement benefit (IRB).
The insurer accepted entitlement but calculated the weekly benefit at $33.70 based on her earnings of $192.53 over the two days worked prior to the accident.
The applicant disputed the calculation, arguing it was unfair given her short tenure before the accident.
The Tribunal found that the insurer correctly applied the calculation provisions in sections 4 and 7 of the Statutory Accident Benefits Schedule, and that fairness could not override the clear legislative formula.
The weekly IRB was confirmed at $33.70.
