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CPP disability benefits are non-indemnity payments and are not deductible from statutory accident benefits.
The applicant was injured in a motor vehicle accident and received statutory accident benefits as well as CPP disability benefits.
The insurer argued that the parties had previously reached a binding settlement that CPP benefits were deductible, and alternatively, that CPP benefits are payments for loss of income and thus deductible under the Schedule.
The arbitrator found that no binding settlement was reached as there was no consideration given for the applicant's prior acknowledgement of the state of the law.
Furthermore, following appellate authority, the arbitrator held that CPP disability benefits are non-indemnity payments triggered by disability, not payments for loss of income, and therefore are not deductible from the applicant's gross weekly income.
Lloyd's held responsible for accident benefits; non-monetary employment benefits included in gross weekly income.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
A priority dispute arose between General Accident and Lloyd's.
The arbitrator determined that Lloyd's was responsible for paying benefits because the applicant was a 'named insured' under the Lloyd's policy, whereas he was merely listed as a driver on an endorsement under the General Accident policy.
The arbitrator also determined the value of non-monetary benefits (lodging, food, and tobacco) provided by the applicant's employer to be included in his gross weekly income calculation, despite the applicant's failure to declare these benefits on his income tax returns.
