The appellant insurer appealed an arbitration order that awarded the respondent insured weekly income benefits for pre-accident employment delivering newspapers.
The insurer argued the arbitrator erred by presuming the parties agreed the respondent was employed delivering papers before the accident, and sought to deduct collateral disability benefits.
The Director of Arbitrations dismissed the appeal, finding that while the arbitrator erred in presuming an agreement, there was sufficient independent evidence accepted by the arbitrator to support the finding of pre-accident employment and the quantum of earnings.
The Director also declined to deduct collateral benefits, as insufficient evidence was presented regarding the respondent's entitlement to such benefits under the policy.
