The claimant was catastrophically impaired in a motor vehicle accident in October 2018. At the time of the accident, the claimant was participating in a Work Transition Program through the WSIB. The Work Transition Program included attending an educational programme and working for a company through a work placement programme. During his participation in the programme, the claimant received remuneration from the WSIB. The claimant sought IRBs after the accident. The insurer denied IRBs on the basis that the claimant was not “employed” due to the fact that his placement was part of a vocational rehabilitation program arranged through the WSIB, and he was in receipt of disability benefits rather than “employment income” at the time of the accident. Adjudicator Demarce found that the claimant was employed at the time of the accident, stating: “I am persuaded that the applicant entered into an employer/employee relationship in that he was required to perform the duties of the job that he was hired to do.” In addition, Adjudicator Demarce was persuaded that the remuneration from the WSIB was remuneration for employment.
