3 total
Arbitrator awards full claimed expenses of $17,940.69, approving $150 hourly rate for applicant's counsel.
Following an arbitration decision regarding statutory accident benefits, the parties disputed the quantum of expenses payable to the successful applicant.
The insurer challenged the $150 hourly rate claimed by the applicant's senior counsel, the preparation time claimed by a law clerk, and various disbursements including photocopying and a witness room.
The arbitrator allowed the expenses in full, finding that the $150 hourly rate was justified given the complexity of the issues and the experience of counsel, and that the clerk's preparation time and the disbursements were reasonable and necessary for the hearing.
The insurer was ordered to pay $17,940.69 in expenses.
Self-employed seasonal worker entitled to income extrapolation under SABS-1994, but all expenses must be deducted first.
The insurer appealed an arbitration decision regarding the calculation of Income Replacement Benefits (IRBs) and Loss of Earning Capacity Benefits (LECBs) for a self-employed seasonal truck driver.
The Director's Delegate held that the extrapolation provisions in s. 9(7) of the SABS-1994 applied because the insured was on a seasonal layoff.
However, the Delegate varied the calculation, finding that all business expenses must be deducted from revenues before extrapolation.
The Delegate also varied the LECB calculation, determining that the insured's pre-accident earning capacity should be based on his history as a truck driver rather than a theoretical position as a driving instructor.
The appeal was allowed in part.
Seasonal truck driver entitled to extrapolate income; special award granted for arbitrary attendant care reduction.
The applicant was seriously injured in a motor vehicle accident and claimed statutory accident benefits.
The parties disputed the calculation of income replacement benefits, loss of earning capacity benefits, and attendant care benefits.
The arbitrator found that the applicant, a seasonal truck driver, was entitled to extrapolate his income under section 9(7) of the Schedule because he was on a layoff from employment during the winter months.
The arbitrator also determined the applicant's pre-accident earning capacity based on a vocational evaluation, awarded additional attendant care benefits, and granted a 25% special award against the insurer for unreasonably reducing the attendant care benefits without a proper basis.
