75. (1) The insurer may deduct the following amounts from the amount payable to an insured person for weekly income replacement benefits under Part II, education disability benefits under section 15, caregiver benefits under Part IV, other disability benefits under Part V or weekly loss of earning capacity benefits under Part VI: 1.  Net payments for loss of income that have been received by the insured person as a result of the accident under the laws of any jurisdiction or under any income continuation plan. 2.  Net payments for loss of income that have not been received by the insured person but are available to the insured person as a result of the accident under the laws of any jurisdiction or under any income continuation plan, unless the insured person has applied to receive the payments for loss of income.  O. Reg. 776/93, s. 75 (1); O. Reg. 781/94, s. 22. (2) Despite subsection (1), no deduction shall be made for, (a)  unemployment insurance benefits that have been received by or are available to the insured person; (b)  payments under a sick leave plan that have not been received by the insured person but are available to the insured person; or (c)  payments under a workers’ compensation law or plan that have not been received by the insured person and to which the insured person is not entitled because the insured person has elected under the workers’ compensation law or plan to bring an action.  O. Reg. 776/93, s. 75 (2). (3) Subsection (1) does not apply to, (a)  weekly income replacement benefits paid to a person to whom subsection 12 (2) applies; or (b)  weekly loss of earning capacity benefits that have been adjusted under subsection 35 (1).  O. Reg. 776/93, s. 75 (3). (4) The insurer may deduct the following amounts from any weekly income replacement benefits payable to an insured person under Part II, any weekly education disability benefits payable to an insured person under section 15, any weekly caregiver benefits payable to an insured person under Part IV or any weekly disability benefits payable to an insured person under Part V: 1.  Any temporary disability benefits being received by the insured person in respect of a period following the accident and in respect of an impairment that occurred before the accident. 2.  Any other periodic benefit being received by the insured person in respect of a period following the accident and in respect of an impairment that occurred before the accident, if the insured person was receiving the other periodic benefit at the time he or she first qualified for the weekly income replacement benefits under Part II, weekly education disability benefits under section 15, weekly caregiver benefits under Part IV or weekly disability benefits under Part V, and, at that time, the other periodic benefit was a temporary disability benefit.  O. Reg. 776/93, s. 75 (4). (5) Subsection (4) does not apply to weekly income replacement benefits paid to a person to whom subsection 12 (2) applies.  O. Reg. 776/93, s. 75 (5). (6) The insurer may deduct the following amounts from the amount of the weekly supplement payable to a person under section 32: 1.  Net payments for loss of income that have been received by the insured person as a result of the accident under the laws of any jurisdiction or under any income continuation plan in respect of the employment in which the person is unable to engage during the temporary period, except to the extent that the net payments for loss of income have been deducted under subsection (1) from the amount of the weekly loss of earning capacity benefits payable to the insured person. 2.  Net payments for loss of income that have not been received by the insured person but are available to the insured person as a result of the accident under the laws of any jurisdiction or under any income continuation plan in respect of the employment in which the person is unable to engage during the temporary period, unless the insured person has applied to receive the payments for loss of income, except to the extent that the net payments for loss of income have been deducted under subsection (1) from the amount of the weekly loss of earning capacity benefits payable to the insured person.  O. Reg. 776/93, s. 75 (6). (7) Despite subsection (6), no deduction shall be made for, (a)  unemployment insurance benefits that have been received by or are available to the insured person; or (b)  payments under a sick leave plan that have not been received by the insured person but are available to the insured person.  O. Reg. 776/93, s. 75 (7). (8) For the purpose of this section, net payments for loss of income shall be determined by subtracting from the gross amount of payments for loss of income the income tax payable by the person under the Income Tax Act (Canada) and the Income Tax Act (Ontario) on the gross amount of payments for loss of income.  O. Reg. 776/93, s. 75 (8). (9) Despite subsection (8), an insurer may elect that all determinations required by this section of net payments for loss of income be made in accordance with the publication of the Ontario Insurance Commission dated November 25, 1993 and entitled “Net Payments for Loss of Income (Collateral Benefits) Table”.  O. Reg. 776/93, s. 75 9). (10) Subject to subsection (11), an election under subsection (9) applies to all persons in respect of whom determinations of net payments for loss of income are required by this section.  O. Reg. 776/93, s. 75 (10). (11) An election under subsection (9) does not apply to a determination of net payments for loss of income if the gross payments for loss of income exceed $1,850 per week.  O. Reg. 776/93, s. 75 (11). (12) An election under subsection (9) may be revoked.  O. Reg. 776/93, s. 75 (12). (13) No payment is required for that portion of an expense referred to in Part VII, VIII, X or XIII that is reasonably available in respect of the insured person under any insurance plan or law or under any other plan or law.  O. Reg. 776/93, s. 75 (13). Workers’ Compensation Benefits

76. (1) The insurer is not required to pay benefits under this Regulation in respect of any insured person who, as a result of an accident, is entitled to receive benefits under any workers’ compensation law or plan.  O. Reg. 776/93, s. 76 (1). (2) Subsection (1) does not apply in respect of an insured person who elects to bring an action referred to in section 10 of the Workers’ Compensation Act
so long as the election is not made primarily for the purpose of claiming benefits under this Regulation.  O. Reg. 776/93, s. 76 (2). (3) If a person is entitled to receive benefits under this Regulation as a result of an election made under section 10 of the Workers’ Compensation Act, no benefits are payable to the person under Part II, III, IV or V in respect of any period of time before the person makes the election.  O. Reg. 776/93, s. 76 (3). (4) If a person who would be entitled to benefits under this Regulation in the absence of subsection (1) elects to bring an action referred to in section 10 of the Workers’ Compensation Act and there is a dispute concerning the insurer’s liability to pay an expense for a vocational rehabilitation program that the person was attending at the time of the election and continues to attend, the insurer shall pay the expense pending resolution of the dispute.  O. Reg. 776/93, s. 76 (4). (5) Despite subsection (1), if there is a dispute about whether subsection (1) applies to a person, the insurer shall pay full benefits to the person under this Regulation pending resolution of the dispute if, (a)  the person makes an assignment to the insurer of any benefits under any workers’ compensation law or plan to which he or she is or may become entitled as a result of the accident; and (b)  the administrator or board responsible for the administration of the workers’ compensation law or plan approves the assignment.  O. Reg. 776/93, s. 76 (5). Accidents in Quebec