Employment – NOT Self-Employment for 26 of 52 Weeks Pre-Accident

The recent Licence Appeal Tribunal (LAT) decision, Zeineddine v Economical Mutual Insurance Company (22-011827/AABS), addressed eligibility for income replacement benefits (IRBs) under Section 5(1) of the Statutory Accident Benefits Schedule (SABS).

In this case, the Applicant was not employed nor self-employed at the time of the January 20, 2020 accident. In the 52 weeks preceding the accident, the Applicant was employed for only 7 weeks but had been self-employed for 39 weeks. The Applicant argued his self-employment should count toward the 26-week employment eligibility period outlined in section 5(1) of the SABS.

However, Section 5(1) of the SABS treats employment and self-employment separately as follows:

(1) employed at the time of the accident or employed for at least 26 of the 52 weeks prior to the accident; or

(2) self-employed at the time of the accident.

Since the Applicant was not employed at the time of the accident nor employed for at least 26 of the 52 weeks prior to the accident and was also not self-employed at the time of the accident, he was therefore not entitled to IRBs.

Takeaway
The Tribunal continues to apply a strict reading of employment and self-employment classifications under SABS section 5(1). Applicants must clearly satisfy either the employment or self-employment pathway independently to qualify for IRBs.

Read the full decision here: Zeineddine v Economical Mutual Insurance Company (22-011827/AABS).