Income replacement benefits reinstated up to 104 weeks; special award granted for unreasonable termination.
The applicant was injured in a minor rear-end motor vehicle accident and received statutory accident benefits.
The insurer terminated her income replacement benefits 11 months post-accident based on incomplete and deficient insurer examination reports.
The applicant sought ongoing income replacement benefits, interest, and a special award.
The arbitrator found that the insurer's termination of benefits was premature and unreasonable, entitling the applicant to benefits up to the 104-week mark and a special award of $7,500.
However, the arbitrator found the applicant was not entitled to benefits beyond 104 weeks, as she exaggerated her physical and psychological impairments, failed to make reasonable efforts to return to work, and her pre-accident employer was willing to accommodate her return.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 13, 2012
