The applicant was injured in a motor vehicle accident and received statutory accident benefits, including weekly income benefits, from the insurer.
The insurer terminated the weekly income benefits, arguing the applicant was no longer substantially unable to perform the essential tasks of his pre-accident employment as a videographer and newspaper worker.
The applicant applied for arbitration to reinstate the benefits and determine the proper quantum.
The arbitrator found that the applicant failed to prove a substantial inability to perform his essential tasks beyond the termination date, dismissing the claim for ongoing benefits.
However, the arbitrator determined the proper quantum of the weekly benefit was the maximum $600 per week, and therefore dismissed the insurer's claim for repayment of alleged overpayments.
