Pre-104 week IRBs and assistive devices awarded; post-104 week IRBs denied as applicant returned to part-time work.
The applicant was injured in a motor vehicle accident and sought income replacement benefits and medical benefits from the insurer.
The arbitrator found the applicant suffered a substantial inability to perform the essential tasks of her employment as an educational assistant and awarded pre-104 week income replacement benefits.
However, the arbitrator dismissed the claim for post-104 week income replacement benefits, finding the applicant did not suffer a complete inability to engage in suitable employment, as she had returned to work part-time.
The arbitrator also awarded medical benefits for assistive devices, including a soaker tub, mattress, ergonomic desk, and treadmill, but denied the claim for physiotherapy and yoga.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 14, 2016
