Piecework sewing machine operator with permanent hand injury entitled to ongoing income replacement benefits.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them, claiming she could return to her pre-accident work as a piecework sewing machine operator.
The arbitrator found that the applicant's permanent hand injury prevented her from performing the rapid, repetitive movements required for her job, entitling her to ongoing benefits.
The arbitrator also determined that the applicant was an employee rather than an independent contractor, calculating her benefits based on a weekly salary of $275.
The applicant's claim for a special award was dismissed as the insurer's initial termination was based on reasonable medical evidence.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 27, 1998
