Applicant awarded ongoing weekly income benefits for post-traumatic fibromyalgia; special award denied.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.
The applicant sought ongoing benefits, claiming she was unable to perform her occupation as a housecleaner due to post-traumatic fibromyalgia.
The insurer argued she was exaggerating her symptoms and could return to work.
The arbitrator preferred the evidence of the applicant's treating physicians, finding her pain genuine and her inability to work through it justified.
The arbitrator awarded ongoing weekly income benefits, interest, and expenses, but denied a special award, finding the insurer's termination was not unreasonable given the conflicting medical opinions and the applicant's exaggerated behaviours.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 3, 1994
