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Insurer permitted to rely on student benefits provision; appellant's appeal for extended income benefits dismissed.
The appellant, a university student, appealed an arbitrator's decision limiting her weekly income benefits to a six-week period and ordering repayment of benefits received thereafter.
The insurer cross-appealed an interim order that precluded it from relying on s. 16(3) of the No-Fault Benefits Schedule, which addresses benefits for students attending school.
The Director of Arbitrations allowed the cross-appeal, finding that s. 16(3) was not a new issue but a necessary component of determining the duration of benefits.
The Director dismissed the appellant's appeal, upholding the arbitrator's objective assessment of her ability to perform the essential tasks of a student and confirming the repayment order.
