Claim for post-156 week income benefits dismissed as self-employed photographer remained capable of suitable employment.
The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits for nearly four years before the insurer terminated them.
The applicant, a self-employed photographer, sought ongoing weekly income benefits under the post-156 weeks test, as well as supplementary medical, transportation, and housekeeping expenses.
The arbitrator found that the applicant's pre-accident business activity had already declined to a hobby-like level and that he remained capable of engaging in suitable employment, such as marketing his existing photographs or taking less physically demanding ones, despite his ongoing migraine auras and pre-existing spinal degeneration.
The claim for ongoing weekly income benefits was dismissed.
The arbitrator awarded the claimed medication and transportation expenses but dismissed the housekeeping claim as statute-barred under the two-year limitation period.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 2, 2000
