Income replacement benefits awarded for a closed period; ongoing benefits and housekeeping claims dismissed due to lack of objective evidence.
The applicant was struck by a motor vehicle and claimed statutory accident benefits, including income replacement benefits (IRBs) and housekeeping benefits.
The insurer terminated IRBs and housekeeping benefits, leading to arbitration.
The arbitrator found that while the applicant's complaints of pain were likely exaggerated and lacked objective medical evidence after January 2007, he was substantially disabled from performing his pre-accident employment until his shoulder bursitis healed.
The arbitrator awarded IRBs for a closed period but dismissed the claims for ongoing IRBs, housekeeping benefits, and the cost of a redundant functional abilities evaluation.
Each party was ordered to bear their own expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 9, 2009
