Insurer ordered to pay ongoing income replacement benefits to coffee truck operator with severe shoulder injury.
The applicant was injured in a motor vehicle accident and sought ongoing weekly income replacement benefits after the insurer terminated them.
The arbitrator found that the applicant, a coffee truck operator who suffered a severe shoulder injury requiring multiple surgeries, remained substantially unable to perform the essential tasks of his employment.
The arbitrator rejected the insurer's surveillance evidence and the report of its medical examiner, finding them unpersuasive.
The applicant was awarded ongoing income replacement benefits at $214.19 per week plus interest, but his claim for a special award was denied.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 6, 1999
