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AUTOMOBILE INSURANCE - Accident benefits - Deductions - Income replacement

Monday, June 25, 2018 @ 8:42 AM  

Determination of how to treat workers’ compensation benefits in the calculation of loss of income benefits. The plaintiff, who was involved in a motor vehicle accident, sought payment of loss of income benefits from the defendant insurer. At the time of the accident, he was in receipt of worker’s compensation benefits, the largest amount of which was an “extended earnings replacement benefit”.

HELD: The “extended earnings replacement benefit” was to be deducted from the calculation of loss of income benefits. The “extended earnings replacement benefit” was...