The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The Insurer paid weekly income benefits at the minimum rate of $185.60 per week.
The Applicant sought the maximum rate of $600 per week, claiming additional pre-accident income from employment at a dry cleaner and real estate commissions.
The arbitrator found that the documentary evidence supporting the employment income and one of the real estate commissions was likely fabricated.
The arbitrator determined that the Applicant's pre-accident income should be averaged over 52 weeks, resulting in an entitlement to the minimum rate of $185.60 per week.
The claims for a special award and arbitration expenses were dismissed due to the fabricated evidence and the Insurer's reasonable conduct.
