Income replacement benefits awarded to cook disabled by post-traumatic inner ear concussion and dizziness.
The applicant, a restaurant cook, was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.
The applicant claimed he remained disabled due to dizziness caused by the accident.
The arbitrator accepted the uncontradicted medical evidence of an otolaryngologist who diagnosed a post-traumatic labyrinthine concussion.
Finding that the applicant's dizziness prevented him from performing the demanding and hazardous tasks of a cook in a busy kitchen, the arbitrator concluded the applicant was substantially unable to perform his essential tasks.
The insurer was ordered to pay income replacement benefits for the disputed period, along with interest and expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 16, 1997
