Neutral Citation: 1994 ONICDRG 65
File No. A-005706
ONTARIO INSURANCE COMMISSION
BETWEEN:
JODI E. WISEMAN
Applicant
and
COACHMAN INSURANCE COMPANY
Insurer
SUPPLEMENTARY ORDER
On June 10, 1994, I issued a decision in the above matter. The Order set out on pages 26 and 27 is hereby deleted and replaced by the following:
Order:
Ms. Wiseman is entitled to weekly income benefits from September 13, 1992 to the date of the arbitration hearing.
During the entire period of her eligibility, Ms. Wiseman is entitled to weekly income benefits of $445.59.
a) In calculating the amount of weekly income benefits that are owing, Coachman is entitled to take into account the $3,842.85 in weekly income benefits that it paid for the period from September 13, 1992 to March 7, 1993.
b) Coachman is also entitled to reduce Ms. Wiseman's weekly entitlement of $445.59 by 80 per cent of her post-accident income, according to section 15 of the Schedule. The reduction for the period from the date of the accident through April 7, 1994 is $7,300.38.
Ms. Wiseman is entitled to interest on the amounts owing from the date they became overdue at the rate of 2 per cent per month, according to section 24 of the Schedule.
Coachman unreasonably failed to pay weekly income benefits and, therefore, is required to pay a special award of $1,500, inclusive of interest to June 10, 1994, the date of original Order.
Ms. Wiseman is entitled to her expenses related to the arbitration, calculated according to Ontario Regulation 664, Dispute Resolution Expenses.
July 25, 1994
David R. Draper
Arbitrator
Date