Applicant denied loss of earning capacity benefits due to pre-existing psychiatric inability to work.
The applicant was injured in a motor vehicle accident and received caregiver benefits.
The insurer terminated these benefits and made a loss of earning capacity (LEC) offer of zero.
The applicant claimed a higher LEC benefit, transportation expenses, housekeeping expenses, and a special award.
The arbitrator found that the applicant was not entitled to a LEC offer because she did not have the functional capacity to earn income at the time of the accident due to severe pre-existing psychiatric problems.
The arbitrator awarded the claimed transportation and housekeeping expenses, but denied the special award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 9, 2000
