Claim for ongoing weekly income benefits dismissed as applicant had successfully returned to work before layoff.
The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated weekly income benefits.
The Applicant applied for arbitration, claiming ongoing entitlement due to fibromyalgia and chronic pain syndrome.
The arbitrator found that the Applicant had returned to work and performed her essential tasks regularly for ten months prior to being laid off due to corporate downsizing.
The arbitrator concluded the Applicant did not suffer a substantial inability to perform the essential tasks of her employment and dismissed the claim for ongoing weekly income benefits, though the Applicant was awarded the expenses of the arbitration.
Carlota Guzman v. Dominion of Canada General Insurance Company, 1995 ONICDRG 40