Leanne Storms

The appellant was injured in a motor vehicle accident and sought statutory accident benefits.

At arbitration, the Arbitrator found the appellant entitled to post-104 week income replacement benefits, less 80% of his net self-employment income as set out in his personal tax returns.

Both parties appealed.

The Director's Delegate allowed both appeals, finding that the Arbitrator erred in law by failing to provide adequate reasons.

Specifically, the Arbitrator failed to make an explicit finding on whether the appellant was employed during the relevant period and failed to address the insurer's arguments regarding the proper methodology for calculating self-employment income.

The decision was rescinded and remitted for a new hearing.

In a dispute over statutory accident benefits, the appellant appealed an arbitration order regarding the calculation of income replacement benefits.

The respondent filed a cross-appeal after seeking clarification of the arbitrator's order.

The appellant argued the cross-appeal was out of time.

The Director's Delegate held that the cross-appeal was filed within 30 days of the clarified order and was therefore timely.

In the alternative, the Delegate found reasonable grounds to extend the time for filing the cross-appeal, noting the short delay, reasonable explanation, and lack of prejudice to the appellant.