The appellant appealed a Licence Appeal Tribunal decision denying her income replacement benefits following a motor vehicle accident.
At the time of the accident, the appellant was an on-call agency worker who had not worked for six weeks.
The Divisional Court upheld the Tribunal's finding that the appellant was not 'employed' under s. 5(1)1(i) of the Statutory Accident Benefits Schedule, applying the interpretation from Arab v. Unica Insurance that employment requires the exchange of remuneration for services over a defined period.
The appeal was dismissed.
