Applicant awarded ongoing income replacement benefits after proving accident caused disabling chronic pain syndrome.
The applicant was injured in a head-on motor vehicle collision and sought ongoing income replacement benefits after the insurer terminated them.
The insurer argued that the applicant's inability to work was due to her significant pre-accident medical history, including a prior accident and depression.
The arbitrator found the applicant credible and preferred the medical evidence demonstrating that the accident caused a disabling chronic pain syndrome.
The arbitrator concluded that the applicant met both the 104-week and post-104-week disability tests under the Statutory Accident Benefits Schedule, entitling her to ongoing income replacement benefits and interest, and dismissing the insurer's claim for repayment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 23, 2008
