The Applicant was injured in a motor vehicle accident and received statutory accident benefits, as well as private disability insurance benefits.
The Insurer terminated her weekly income benefits 156 weeks after the accident, arguing that the 156-week period under section 12(5) of the Statutory Accident Benefits Schedule ran continuously from the date of the accident.
The arbitrator held that the 156-week period refers to 156 weeks of payments made by the Insurer, not 156 weeks from the accident or 156 weeks of disability.
Because the Insurer had not yet paid 156 weeks of benefits (due to the private insurance payments), the Applicant was entitled to further weekly income benefits.
The claim for a special award was dismissed, as the Insurer's interpretation was not unreasonable in this case of first impression.
