Applicant awarded ongoing income replacement benefits after accident materially contributed to chronic pain syndrome.
The applicant was injured in a motor vehicle accident and sought income replacement and housekeeping benefits, which the insurer terminated.
The arbitrator found that the accident materially contributed to the applicant's development of chronic pain syndrome, rendering her completely unable to engage in any employment for which she was reasonably suited.
The arbitrator awarded ongoing income replacement benefits and a closed period of housekeeping benefits, along with interest.
The claim for a special award was dismissed, as the insurer's actions, while mistaken, were not unreasonable given the complex medical history.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 10, 2006
