Insurer ordered to pay ongoing weekly income benefits, vocational assessment, and a 35% special award.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits thereafter.
The applicant sought ongoing weekly income benefits under section 12(5)(b) of the Statutory Accident Benefits Schedule, as well as rehabilitation and occupational training.
The arbitrator found that the applicant's physical restrictions prevented him from engaging in any occupation for which he was reasonably suited by education, training, or experience, and ordered ongoing weekly income benefits.
The arbitrator also ordered the insurer to pay for a comprehensive vocational rehabilitation assessment.
Finding that the insurer acted unreasonably in terminating benefits despite medical and functional capacity reports supporting the applicant's disability, the arbitrator ordered a special award of 35% of the outstanding weekly income benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 8, 1995