Applicant awarded weekly income and rehabilitation benefits after insurer improperly terminated them based on a flawed job description.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them, alleging she failed to follow through with rehabilitation recommendations.
The applicant sought arbitration for weekly income benefits, rehabilitation benefits, and a special award.
The arbitrator found that the applicant was disabled from returning to her pre-accident employment as a bar-maid, noting the insurer's experts relied on a flawed job description.
The arbitrator also found the applicant was continuously disabled from engaging in any occupation for which she was reasonably suited by education, training, or experience.
The applicant was awarded weekly income benefits and partial rehabilitation benefits for a functional assessment and work trials, but the claim for a special award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 30, 1997
