Appeal dismissed; appellant capable of suitable alternative work and not entitled to post-156 week income benefits.
The appellant appealed an arbitration order terminating his weekly income benefits after 156 weeks.
The arbitrator found that the appellant, who suffered a hip fracture requiring a replacement, was capable of engaging in suitable alternative light work despite his previous experience in physically demanding construction jobs.
On appeal, the Director's Delegate held that the appeal was not restricted to questions of law because the arbitration commenced before the statutory amendment limiting appeals.
However, the Delegate upheld the arbitrator's findings that the burden of proof did not shift to the insurer merely because it paid benefits beyond the 156-week mark, and that the appellant was reasonably suited for alternative employment.
The appeal was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 21, 1997
