Applicant awarded ongoing income replacement benefits due to knee tendinitis preventing return to cleaning job.
The applicant was struck by a car and claimed ongoing income replacement benefits and physiotherapy expenses.
The insurer terminated benefits, arguing she could return to her job as a light duty cleaner and sought to deduct alleged post-accident income.
The arbitrator found the applicant suffered a substantial inability to perform the essential tasks of her job due to accident-related knee tendinitis, entitling her to ongoing income replacement benefits.
The arbitrator also found no evidence of actual post-accident income to deduct, and allowed only one month of the claimed physiotherapy expenses, finding the remainder unreasonable.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 24, 1999
