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Sunday, November 11, 2018

 
 
 

 
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Ontario Court of Appeal: It is possible to work and be entitled to a Non-Earner Benefit

A recent Ontario Court of Appeal ruling confirmed that it is possible for someone injured in a motor vehicle accident to work but still be entitled to a Non-Earner Benefit.

In the decision, Galdamez v. Allstate Insurance Company of Canada [2012 ONCA 508], Hayfa Galdamez returned to work shortly after her accident.  Because of this, Allstate took the position that she was not entitled to income replacement benefits.  However, even though she was able to work, her medical professionals were of the opinion that she met the test for a non-earner benefit; namely, that she suffered a complete inability to carry on a normal life.

It has been well established in case law that entitlement to a non-earner benefit goes beyond the ability to simply go through the motions of everyday life.

The Court stated the following:

[43] Although I consider it unlikely that persons who can work at their pre-accident jobs following an accident will often meet the disability standard for non-earner benefits, I do not rule out such a possibility.

[44] For example, in jobs where mobility is not a requirement (e.g. department store greeter, telemarketer, etc.) and the job was not of great importance in the claimant’s pre-accident life, it may be possible for a claimant who returns to his or her pre-accident employment following an accident to satisfy the test for non-earner benefits.

This decision can be read in its entirety by clicking here.

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