Income replacement benefits reinstated; applicant found substantially unable to perform essential tasks of pre-accident employment.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them based on a disability assessment.
The applicant sought reinstatement of benefits and payment for supplementary medical expenses related to dental services and nutritional counselling for swallowing difficulties.
The arbitrator found that the applicant remained substantially unable to perform the essential tasks of her pre-accident employment as a cook due to chronic pain and stress-induced swallowing difficulties.
The arbitrator also found a probable causal connection between the accident and the need for dental and nutritional treatments, ordering the insurer to pay the claimed expenses and reinstate the weekly benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 13, 1998
