Cono Spitale

The applicant, who was injured in a motor vehicle accident, sought a determination of the quantum of weekly income benefits payable by the insurer.

The arbitrator found that the applicant, as president of a closely-held corporation, had structured his financial affairs to minimize his income, receiving only director's fees and dividends rather than a salary.

Consequently, his gross weekly income from employment was insufficient to qualify for more than the minimum weekly benefit.

After deducting post-accident income received and available from the corporation, the arbitrator concluded the applicant was not entitled to any further benefits and ordered him to repay $6,496 that the insurer had overpaid.

The applicant was awarded his arbitration expenses.

The applicant, a construction contractor, was injured in a rear-end motor vehicle accident and claimed weekly income benefits.

The insurer terminated benefits, arguing the applicant was no longer substantially unable to perform the essential tasks of his occupation, relying in part on surveillance evidence.

Following an arbitration hearing, the arbitrator found that the applicant was substantially unable to perform his essential tasks during the disputed period.

The arbitrator relied on the applicant's testimony, corroborating evidence from tradesmen, and medical reports, noting that the applicant's brief visits to a job site did not demonstrate an ability to work.

The applicant was awarded entitlement to benefits and arbitration expenses.