Taxicab driver awarded ongoing income benefits for accident-induced PTSD, but expenses reduced for fabricating income records.
The applicant, a taxicab driver, was injured in a motor vehicle accident and subsequently developed post-traumatic stress disorder and a driving phobia.
The insurer terminated her weekly income benefits, arguing she had returned to her pre-accident condition.
The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her occupation due to the psychological injuries caused by the accident.
However, because the applicant fabricated trip sheets to inflate her pre-accident income, the arbitrator awarded the minimum weekly benefit of $185.60 and reduced her expense award to two-thirds.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 26, 1993
