The applicant was injured in a motor vehicle accident and applied for income replacement benefits (IRBs).
The insurer denied the claim, arguing the applicant was neither employed at the time of the accident nor employed for 26 of the 52 weeks preceding it.
The arbitrator found that while the applicant was not employed at the time of the accident, his ongoing relationship with his union's hiring hall constituted continuous employment for the requisite 26 weeks.
Alternatively, the arbitrator held that working part of a week counts as a full week of employment under the Schedule.
The applicant was awarded IRBs and interest, but his claim for a special award was dismissed as the insurer's denial was based on a novel legal interpretation rather than unreasonable conduct.
