Claim for ongoing weekly income benefits dismissed as applicant was not employed and regained functional capacity.
The Applicant was injured in a motor vehicle accident and received statutory accident benefits until they were terminated by the Insurer.
The Applicant sought ongoing weekly income benefits, arguing he was employed at the time of the accident despite being on medical leave from his job as a courier.
The arbitrator found that the Applicant had resolved not to return to his position and had effectively ended his employment prior to the accident, meaning he did not qualify for benefits under section 12 of the Schedule.
Furthermore, based on functional capacity evaluations, the arbitrator concluded that the Applicant no longer suffered a substantial inability to perform his essential tasks after the termination date.
The claim for ongoing benefits was dismissed, but the Applicant was awarded the expenses of the arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 24, 1994
