The insured was injured in a motor vehicle accident and received weekly income benefits from her automobile insurer, as well as disability benefits from her employer's group plan.
The automobile insurer reduced her weekly income benefits by the gross amount of her disability benefits.
The insured argued that only the net after-tax amount should be deducted.
An arbitrator agreed with the insured, finding that deducting the gross amount was unfair.
On appeal, the Director's Delegate rescinded the arbitration order, holding that the plain language of section 12(4)(b) of the Schedule requires the deduction of the full amount of the disability benefits received by or available to the insured, regardless of the tax consequences.
