Insurer's appeal dismissed; post-156 week benefits and special award upheld due to unreasonable termination.
The insurer appealed an arbitrator's decision awarding the insured weekly income benefits beyond the 156-week mark and a $20,000 special award.
The insured had suffered physical and psychological injuries in a severe motor vehicle accident and was unable to continue working.
The Director's Delegate upheld the arbitrator's finding that the insured was continuously prevented from engaging in suitable employment, noting the insurer failed to provide evidence of alternative suitable jobs while the insured adduced substantial medical evidence of disability.
The special award was also confirmed because the insurer unreasonably terminated benefits and disregarded the recommendations of its own medical experts.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 29, 2000
