Weekly income benefits reinstated up to 156 weeks but denied thereafter as applicant could perform other work.
The applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.
The applicant sought reinstatement of benefits under section 12(1) of the Schedule for the period up to 156 weeks post-accident, and under section 12(5)(b) thereafter.
The arbitrator found that the applicant was substantially unable to perform the essential tasks of her pre-accident employment as a sewing machine operator due to the demanding nature of the job and uncertainty about her capacity, granting benefits up to the 156-week mark.
However, the arbitrator dismissed the claim for ongoing benefits after 156 weeks, finding that the applicant was not continuously prevented from engaging in any occupation or employment for which she was reasonably suited, as she was capable of other light industrial work.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 8, 1995
