Insured entitled to ongoing weekly income benefits as he lacked training for proposed sedentary occupations.
The applicant, a self-employed taxi driver, was injured in a motor vehicle accident and received weekly income benefits for four years.
The insurer terminated benefits on the basis that the applicant could engage in suitable employment.
The arbitrator found that the applicant did not have the education, training, or experience for the sedentary jobs proposed by the insurer and had made bona fide efforts to retrain.
The arbitrator ordered the reinstatement of weekly income benefits, calculated the quantum at $385 per week based on pre-accident self-employment income and ceasing expenses, and dismissed the insurer's claim for repayment of an overpayment since the benefits were ongoing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 4, 1996
