Applicant awarded ongoing weekly income benefits after 156 weeks due to accident-related focal dystonia.
The Applicant was injured in a motor vehicle accident and received statutory accident benefits for 156 weeks.
The Insurer terminated benefits, arguing her focal dystonia (writer's cramp) was not caused by the accident and did not prevent her from working.
The Arbitrator found on a balance of probabilities that the accident caused the focal dystonia.
The Arbitrator also found that the Applicant was continuously prevented from engaging in any occupation for which she was reasonably suited by education, training or experience, as she required computer retraining to accommodate her inability to write.
The Applicant was awarded ongoing weekly income benefits and interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 1995
