Claim for ongoing weekly income benefits dismissed as applicant failed to prove substantial inability to work.
The applicant was involved in two motor vehicle accidents in October 1990 and received weekly income benefits until April 1991.
He applied for arbitration after the insurer terminated his benefits, claiming he remained substantially unable to perform the essential tasks of his pre-accident employment as a security guard due to chronic pain.
The arbitrator found that the applicant's job was not physically demanding and that the medical evidence, including surveillance video, did not support a finding of substantial inability to work.
The claim for ongoing weekly income benefits was dismissed, but the applicant was awarded his arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 8, 1994
