Insured entitled to income benefits for first 156 weeks but failed to prove complete disability thereafter.
The applicant was injured in a rear-end motor vehicle accident and claimed ongoing statutory accident benefits after the insurer terminated them.
The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as a waitress for the first 156 weeks, rejecting the insurer's medical assessments that she could work part-time.
However, the applicant failed to prove she was continuously prevented from engaging in any suitable employment after the 156-week mark, as she was capable of attending school full-time and could perform suitable minimum-wage jobs.
The arbitrator also awarded supplementary rehabilitation benefits for school transportation and alternative therapy.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 9, 1997
