Mr. Roach, a licensed practical nurse, was injured in 2004 and received Extended Earnings Replacement Benefits (EERB) from the Workers’ Compensation Board.
In 2015, while working as a cab driver, he was injured in a car accident and sought Section B benefits under his auto insurance policy.
Nordic Insurance denied these benefits, arguing that his EERB payments should be offset against the Section B benefits.
Legal Issue:
Should EERB benefits under the Workers' Compensation Act be deducted from weekly loss of income benefits under Section B of the Automobile Insurance Contract Mandatory Conditions Regulations?
Decision:
The court ruled that EERB benefits are deductible from Section B benefits as they are considered "payments for loss of income from employment."
The court relied on the binding precedent of McLean v. Portage la Prairie Mutual Insurance Co., which reached a similar conclusion.
Even if McLean was not binding, the court would still find the same legislative interpretation.
Conclusion:
Mr. Roach's request to receive Section B benefits without deduction of his EERB payments was denied, affirming that such payments are deductible under the current legal framework. No monetary award was specified in the decision.
