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Appeal dismissed; fresh evidence of living expenses not admitted to prove unreported pre-accident income.
The appellant was injured in a motor vehicle accident and sought weekly income benefits.
At arbitration, he was awarded the minimum weekly amount because he failed to prove a higher pre-accident income, having relied on unreported cash taken from his business.
On appeal, the appellant sought to introduce fresh evidence of his living expenses to prove he must have earned a higher income, and requested a rehearing.
The Director of Arbitrations dismissed the appeal, finding that the fresh evidence was available at the time of the hearing and would not prove the source of the income.
The request for a rehearing was also denied, as the arbitrator's findings of fact were supported by the evidence.
Applicant awarded weekly income benefits at the statutory minimum rate due to insufficient proof of unreported pre-accident income.
The applicant was injured in a motor vehicle accident and claimed weekly income benefits under the No-Fault Benefits Schedule.
The insurer disputed his employment status at the time of the accident, his medical eligibility, and the quantum of benefits, noting the applicant had failed to report significant income on his tax returns.
The arbitrator found the applicant was employed as a real estate salesperson and was substantially disabled from performing his essential tasks until November 14, 1991.
However, because the applicant failed to provide reliable proof of his pre-accident income, his benefits were calculated based on the statutory minimum gross weekly income.
The arbitrator rejected the insurer's argument that the applicant's claim should be barred on public policy grounds due to his false tax returns.
