Neutral Citation: 1994 ONICDRG 32
File No. A-002187
ONTARIO INSURANCE COMMISSION
BETWEEN:
PETER JOLIN
Applicant
and
JEVCO INSURANCE COMPANY
Insurer
SUPPLEMENTARY DECISION CORRECTION
On March 31, 1994, I issued a decision in the above matter. On page 6, paragraph 2 states
Therefore, I conclude that all weekly income benefits paid by Jevco to Mr. Jolin from the date of the accident up to December 21, 1992, were paid in error. During this period he was receiving payments for loss of income which amounted to more than the $185.60 weekly to which he is entitled under the Schedule.
This paragraph is in error. It has been deleted and replaced by the following:
Therefore, I conclude that all weekly income benefits paid by Jevco to Mr. Jolin from the date of the accident were paid in error, since he was at all times receiving payments for loss of income which amounted to more than the $185.60 weekly to which he is entitled under the Schedule.
Paragraph 4 of page 6 is in error. It states:
I conclude that Mr. Jolin was entitled to benefits from Jevco only from December 22 to December 31, 1992, during which period he was effectively receiving benefits from Pilot Insurance Company at $126.00 per week. Jevco was obliged to pay him the difference between $126.00 and $185.60, or $59.60 weekly, for that period.
This paragraph is deleted in its entirety.
Paragraph 5 of page 6 states:
The balance of the weekly income benefit payments paid by Jevco to Mr. Jolin constitute an overpayment and must be repaid to Jevco by Mr. Jolin. Unfortunately for Mr. Jolin, this leaves him in the position of being obliged to repay virtually all the weekly benefits he has received from Jevco thus far, and condemns him and his young family to great financial hardship.
This paragraph is in error. It has been deleted and replaced by the following:
The weekly income benefit payments paid by Jevco to Mr. Jolin constitute an overpayment and must be repaid to Jevco by Mr. Jolin. Unfortunately for Mr. Jolin, this leaves him in the position of being obliged to repay all the weekly benefits he has received from Jevco thus far, and condemns him and his young family to great financial hardship.
April 14, 1994
Frederika M. Rotter
Senior Arbitrator
Date