Income replacement benefits awarded for initial period only; 50% special award granted for unreasonable delay.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including income replacement and housekeeping expenses, arguing she could no longer work as a live-in housekeeper.
The arbitrator found that while the applicant sustained genuine injuries, including vertigo and cervicogenic pain, she exaggerated her limitations and was only disabled from working until her employer returned from Florida on February 21, 1996.
Income replacement benefits were awarded up to that date, along with a 50% special award because the insurer unreasonably withheld payment despite having uncontradicted medical evidence of disability for that initial period.
Claims for ongoing income replacement, housekeeping, and a case manager were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 28, 1999
