Insured with permanent pelvic pain met strict post-156 week test for ongoing non-earner and childcare benefits.
The applicant was severely injured in a motor vehicle accident and received statutory accident benefits for 156 weeks.
The insurer terminated non-earner and childcare benefits at the three-year mark, arguing she did not meet the stricter post-156 week test of being continuously prevented from engaging in substantially all of her normal activities.
The arbitrator found that the applicant's permanent pelvic malalignment caused constant pain that drastically reduced her ability to engage in her pre-accident focus on outdoor activities and active childcare.
The arbitrator concluded the applicant met the test and ordered the insurer to pay ongoing non-earner and childcare benefits, plus arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 28, 1999
