Application for post-156 week income benefits dismissed as applicant was capable of sedentary work.
The applicant was injured in a motor vehicle accident and received weekly income benefits for over 156 weeks.
The insurer terminated benefits, arguing the applicant did not meet the stricter post-156 week test of being continuously prevented from engaging in any occupation for which he is reasonably suited by education, training, or experience.
The arbitrator found that while the applicant had chronic injuries preventing heavy physical work, he was capable of performing lighter or sedentary work consistent with his education and experience.
The arbitrator concluded the applicant's failure to pursue such work was due to a lifestyle choice rather than physical restrictions.
The application for ongoing benefits was dismissed, but the applicant was awarded expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 13, 1995
