Post-156 week weekly income benefits require continuous disability; temporary disability periods do not qualify.
The claimant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits at the 156-week mark, arguing she did not meet the stricter 'any occupation' test.
An arbitrator denied ongoing benefits but awarded them for a six-week period when the claimant underwent ear surgery.
On appeal, the Director's Delegate held that the post-156 week test under s. 12(5)(b) of the Statutory Accident Benefits Schedule requires a continuous disability.
Because the claimant's inability to work during the surgery recovery was a temporary interruption and she otherwise failed to establish continuous disability, she was not entitled to benefits for that period.
The appeal was allowed and the arbitration order was rescinded.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 9, 1999
