Applicant entitled to ongoing weekly income benefits as chronic pain prevented suitable alternative employment.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, arguing the applicant's ongoing disability was due to pre-existing degenerative changes and that he was not continuously prevented from engaging in suitable alternative employment.
The arbitrator preferred the medical evidence attributing the applicant's chronic pain to the accident.
The arbitrator also accepted vocational evidence that the applicant lacked the education, training, and skills for the alternative jobs proposed by the insurer, and found the applicant was entitled to ongoing weekly income benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 7, 1997
