Income replacement benefits awarded; applicant's chronic pain prevented return to physically demanding assembly line work.
The applicant was injured in a rear-end motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The central issue was whether the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as an assembly line worker.
The arbitrator found the applicant credible and accepted the evidence of her treating family doctor over the insurer's medical examiners.
The arbitrator concluded that the physical demands of the applicant's job, which required continuous standing and repetitive lifting, combined with her accident-related soft tissue injuries and chronic pain, rendered her substantially unable to perform her essential duties.
The applicant was awarded IRBs for the disputed period, along with interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 1, 2005
