Applicant awarded post-104 week income replacement benefits due to accident-related chronic pain and psychological impairments.
The applicant was injured in a rear-end motor vehicle accident and received income replacement benefits until the insurer terminated them at the 104-week mark.
The insurer argued the applicant was capable of returning to work, relying on assessments suggesting symptom magnification and a lack of organic basis for his pain.
The arbitrator found the applicant credible and accepted medical evidence that he suffered from chronic pain syndrome, depression, and adjustment disorder as a result of the accident.
The arbitrator concluded that the combination of the applicant's physical and psychological impairments rendered him completely unable to engage in any employment for which he was reasonably suited by education, training, or experience.
The applicant was awarded ongoing income replacement benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 3, 2009
