Insurer ordered to pay ongoing income replacement benefits as applicant remained substantially unable to perform essential tasks.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them based on a designated assessment centre report.
The applicant applied for arbitration, arguing he suffered a substantial inability to perform the essential tasks of his employment as a contract coordinator due to chronic pain syndrome and psychological issues.
The arbitrator found that the applicant was substantially unable to perform his essential tasks, noting that the DAC assessment was flawed and did not adequately consider his psychological issues and pain reactivity.
The insurer was ordered to pay ongoing income replacement benefits, provide an offer for loss of earning capacity benefits, and pay the applicant's arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 29, 2000
