Insurer ordered to reinstate weekly accident benefits and pay a $2,000 special award for unreasonable delay.
The applicant was injured in a motor vehicle accident and received weekly accident benefits until the insurer terminated them, arguing she was capable of returning to work.
The applicant applied for arbitration, claiming ongoing disability from her two pre-accident jobs as a housekeeping aid and a chiropractic assistant.
The arbitrator found that while the applicant could likely perform the chiropractic assistant role, she remained substantially disabled from the physical demands of the housekeeping job due to accident-related lower back pain.
The arbitrator ordered the reinstatement of weekly benefits, along with interest on overdue payments.
Additionally, the arbitrator granted a $2,000 special award against the insurer for unreasonably delaying initial benefit payments without providing required notice, and awarded the applicant her arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 15, 1994
