Ongoing weekly income benefits granted and $10,000 special award ordered for unreasonable termination without notice.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them after the 156-week mark.
The applicant sought ongoing benefits under subsection 12(5)(b) of the Statutory Accident Benefits Schedule, arguing she was continuously prevented from engaging in suitable employment.
The arbitrator found that the applicant lacked the physical capacity to return to her former physically demanding jobs and lacked the skills for sedentary office work without further retraining.
The arbitrator ordered ongoing weekly income benefits.
Additionally, the arbitrator awarded a $10,000 special award under section 282(10) of the Insurance Act because the insurer unreasonably terminated benefits without proper notice or justification.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 17, 2000
