9. (1) For the purpose of determining the amount of a person’s weekly income replacement benefit under paragraph 1 or 2 of subsection 7 (1), the person’s gross annual income from employment shall be deemed to be the following amount: 1.  In the case of a person who designated the four weeks before the accident under paragraph 1 of subsection 7 (2), the person’s gross income from employment for the four weeks before the accident, multiplied by thirteen. 2.  In the case of a person who designated the fifty-two weeks before the accident under paragraph 2 of subsection 7 (2), the person’s gross income from employment for the fifty-two weeks before the accident. 3.  In the case of a person who designated the 156 weeks before the accident under paragraph 3 of subsection 7 (2), the person’s gross income from employment for the 156 weeks before the accident, divided by three.  O. Reg. 776/93, s. 9 (1). (2) For the purpose of subsection (1), a person who, (a)  is entitled to weekly income replacement benefits under paragraph 1 of subsection 7 (1); (b)  designated the four weeks before the accident under paragraph 1 of subsection 7 (2); and (c)  started the employment in which he or she was engaged at the time of the accident during the four weeks before the accident, may elect that the person’s gross income from employment for the four weeks before the accident be deemed to be the amount determined by taking the person’s gross income from employment for the part of the four-week period for which the person earned income from the employment in which he or she was engaged at the time of the accident and extrapolating it over the rest of the four-week period.  O. Reg. 776/93, s. 9 (2). (3) For the purpose of subsection (1), a person who, (a)  is entitled to weekly income replacement benefits under paragraph 1 of subsection 7 (1); (b)  designated the fifty-two weeks before the accident under paragraph 2 of subsection 7 (2); (c)  was self-employed at the time of the accident; and (d)  started the self-employment in which he or she was engaged at the time of the accident during the fifty-two weeks before the accident, may elect that the person’s gross income from employment for the fifty-two weeks before the accident be deemed to be the amount determined by taking the person’s income from the self-employment in which he or she was engaged at the time of the accident for the part of the fifty-two-week period for which the person earned income from that employment and extrapolating it over the rest of the fifty-two-week period.  O. Reg. 776/93, s. 9 (3). (4) For the purpose of determining the amount of a person’s weekly income replacement benefit under paragraph 5 of subsection 7 (1), the person’s gross annual income from employment shall be deemed to be the person’s gross income from employment for the time period designated under subsection 7 (4).  O. Reg. 776/93, s. 9 (4). (5) For the purpose of determining the amount of a person’s weekly income replacement benefit under paragraph 3, 4 or 6 of subsection 7 (1), the person’s gross annual income from employment shall be deemed to be the greatest of the following amounts: 1.  If the person is qualified under paragraph 3 of subsection 7 (1), the gross income payable under the contract of employment, extrapolated to reflect an annual income. 2.  If the person is qualified under paragraph 4 of subsection 7 (1), the gross income payable in the employment he or she was on strike from, was locked out from or was on a layoff from, extrapolated to reflect an annual income. 3.  If the person is qualified under paragraph 6 of subsection 7 (1), the gross income payable in the employment he or she was on leave from, extrapolated to reflect an annual income. 4.  If the person is also qualified under paragraph 1 or 2 of subsection 7 (1), his or her gross annual income as determined under subsections (1) and (2).  O. Reg. 776/93, s. 9 (5). (6) A determination under subsection (1) or (4) of the person’s gross income from employment for a period of time shall include temporary disability benefits received in respect of that period and benefits received under the Unemployment Insurance Act (Canada) in respect of that period.  O. Reg. 776/93, s. 9 (6). (7) If a person is entitled to weekly income replacement benefits under paragraph 1 of subsection 7 (1) and is not entitled to a benefit under paragraph 4 or 6 of subsection 7 (1), a determination under subsection (1) of the person’s gross income from employment for a period of time shall be made by taking the person’s gross income from employment for the part of that period for which the person earned income from employment and extrapolating it over any part of the period for which the person, (a)  did not receive temporary disability benefits or benefits under the Unemployment Insurance Act (Canada); and (b)  did not earn any income from employment for one of the following reasons: 1.  The person was not employed. 2.  The person was on a leave of absence without pay. 3.  The person was on a layoff from employment. 4.  The person was on strike from employment or was locked out from employment.  O. Reg. 776/93, s. 9 (7). Amount of Benefit