Insured entitled to ongoing income benefits as proposed sedentary jobs were not reasonably suitable given his military background.
The applicant, a military reservist, was struck by a motor vehicle and received weekly income benefits for 198 weeks.
The insurer terminated benefits, arguing the applicant could return to light sedentary work.
The arbitrator found that while the applicant was physically capable of light sedentary work, he was not 'reasonably suited' for such employment by his education, training, or experience, given his long career in a demanding military role.
The arbitrator also determined the correct quantum of the weekly benefit based on bank records, as official payroll records were unreliable.
The insurer's claim for repayment of prior overpaid benefits was dismissed because the applicant did not contribute to the error.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 17, 2000
