Insurer ordered to restore full income benefits and pay special award after relying on flawed assessment.
The applicant was injured in a motor vehicle accident and received loss of earning capacity benefits.
The insurer reduced these benefits based on a Designated Assessment Centre report concluding the applicant could work as a part-time telemarketer.
The arbitrator found the assessment seriously flawed, as it failed to consider the applicant's chronic pain, medications, commute, and vocational characteristics.
The arbitrator determined the applicant's residual earning capacity was zero, ordered the insurer to repay the deducted amounts, and granted a special award of $6,000 due to the insurer's unreasonable reliance on the flawed report.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 26, 2003
