Applicant awarded ongoing post-104 week income replacement benefits for accident-related temporomandibular joint disorder.
The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits (IRBs) beyond the 104-week mark, claiming she was completely unable to work due to a temporomandibular joint disorder (TMD) and chronic pain.
The insurer argued the TMD was caused by pre-existing bruxism and stress, not the accident, and that she was not disabled from working.
The arbitrator found the applicant's testimony credible, concluded the accident materially contributed to her TMD, and determined she met the test for post-104 week IRBs.
Claims for a specific dental assessment cost and a special award were dismissed, but the applicant was awarded her arbitration expenses and interest on overdue benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 13, 2007
