Insurer ordered to pay post 104-week IRBs and special award; private disability benefits not deductible.
The applicant was injured when she slipped and fell on a bus.
She applied for statutory accident benefits.
The insurer deducted amounts she received from a private disability policy from her pre 104-week income replacement benefits and denied her post 104-week benefits.
The arbitrator held that the private policy was a non-indemnity policy and its benefits were not deductible.
The arbitrator also found that the applicant suffered a complete inability to engage in suitable employment due to chronic pain and was entitled to post 104-week benefits.
A special award of $1,500 was granted due to the insurer's unreasonable delay in adjusting the claim.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 15, 2006
