Applicant awarded ongoing income replacement benefits after arbitrator finds chronic pain complaints credible and disabling.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The insurer argued the applicant's pain complaints were not credible and lacked objective medical evidence.
The arbitrator found the applicant to be a credible witness whose testimony was corroborated by lay witnesses and medical professionals.
The arbitrator concluded the applicant suffered a substantial inability to perform his pre-accident employment and a complete inability to engage in any employment for which he is reasonably suited.
The applicant was awarded pre-104 week and post-104 week IRBs, interest, and arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 16, 2012
