Insurer ordered to pay ongoing weekly income benefits to applicant suffering from chronic pain syndrome.
The applicant was seriously injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated her weekly income benefits after 156 weeks, arguing she was capable of returning to work.
The arbitrator found that the applicant suffered from chronic pain syndrome as a result of the accident and was continuously prevented from engaging in suitable employment.
The arbitrator ordered the insurer to pay ongoing weekly income benefits, denied the insurer's claim for repayment of an overpayment caused by its own error, and allowed the deduction of 80% of the applicant's actual post-accident earnings, but rejected the deduction of potential future income.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 21, 1997
