AUTOMOBILE INSURANCE - Accident benefits - Income replacement

Law360 Canada (January 29, 2021, 6:02 AM EST) -- Appeal by Mercier from a decision of the Automobile Injury Appeal Commission dismissing his appeal from the decision of the Saskatchewan Government Insurance (SGI) terminating his accident benefits. The appellant was injured in a 2013 motor vehicle accident and received no-fault Income Replacement Benefits. He suffered a significant injury to his right shoulder that required surgery in April 2015. In August 2015, a report was prepared by a physiotherapist and occupational therapist which indicated that the appellant participated fully in his rehabilitation and was meeting all his job demands, and that he returned to working regular hours and duties. A Vocational Progress Report dated September 2015 and a Vocational Closure Report both observed that the appellant had been cleared to return to work at his regular hours and duties and noted that he had not raised any concerns about returning to work. Before the Commission, the appellant disputed that he was able to return to work. The Commission found that SGI established the appellant was able to perform the essential duties of his employment. The Commission was satisfied that SGI was correct in reducing and terminating the appellant’s income replacement benefits. The Commission determined that the 2017 amendments to the Personal Injury Benefit Regulations did not apply retrospectively. Certain of the amendments related to the calculation of an insured person’s income replacement benefits and defined who was a “self-employed earner” and how these benefits were calculated for self-employed earners. The appellant argued the Commission erred in its assessment of the evidence and by determining that the 2017 amendments to the Regulations did not apply retrospectively....
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