Applicant awarded income replacement benefits after proving substantial inability to perform essential tasks of plumbing job.
The applicant, a plumber, was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The arbitrator found that the accident aggravated the applicant's pre-existing back condition, causing a substantial inability to perform the essential tasks of his job, particularly driving long distances and working in awkward positions.
The applicant was awarded IRBs for the disputed period, along with interest.
Claims for medical assessment expenses and an MRI were dismissed as they were either arbitration expenses or not properly claimed under the Schedule.
The claim for a special award was also dismissed, as the insurer had a justifiable basis for terminating benefits based on a DAC report.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 7, 2003
