FSCO, Dennis Ferguson and ING Insurance Company of Canada

FSCO A09-00641

Dennis Ferguson (Applicant)
ING (Insurer)
February 22 & 23, 2010
Resons for Decision

Issues:
Mr. Ferguson was injured in a motor vehice accident on August 23, 2007. He applied and received SABs from ING payable under Schedule. An issue arose concerning the amount of income replacement benefits to which Mr. Ferguson was entitled and the parties were unable to resolve their dispute through mediation. Mr. Ferguson applied for arbitration at the FSCO.

The issues in this hearing are:
1. Was Mr. Ferguson an employee or self-employed at the time of the accident?
2. What is the amount of the income replacement benefit to which Mr. Ferguson is entitled pursuant to section 6 of the Schedule, from Aug. 30, 2007 onwards?
3. Is Mr. Ferguson entitled to interest for the overdue payment of income replacement benefits pursuant to section 46(2) of the Schedule?

Results:
1. Mr. Ferguson was employed as an employee at the time of the accident.
2. The amount of the income replacement benefit to which Mr. Ferguson is entitled is $294.12 per week from August 30, 2007.
3. Mr. Ferguson is entitled to interest for the overdue payment of the income replacement benefits, calculated in accordance with s. 46(2) of the Schedule.