Application for ongoing income replacement benefits dismissed as applicant failed to prove substantial inability to work.
The applicant was involved in three motor vehicle accidents in 2001 and sought income replacement benefits beyond October 6, 2002, claiming he was unable to return to his pre-accident job due to chronic pain and psychological problems.
The insurer terminated benefits based on multiple disability assessments concluding he was capable of working.
The arbitrator found that while the accidents contributed to his complaints, the applicant failed to prove he suffered a substantial inability to perform the essential tasks of his pre-accident employment.
The arbitrator preferred the evidence of the disability assessors over the applicant's treating physicians and experts, noting weaknesses in the latter's opinions and the fact that the applicant had successfully held other jobs post-accident.
The application for ongoing benefits and a special award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 27, 2008
