Insured with persistent neurological impairment met post-156 week test for ongoing weekly income benefits.
The respondent was seriously injured in a head-on motor vehicle collision, sustaining a spinal displacement.
The appellant insurer paid weekly income benefits for 156 weeks but terminated them, arguing the respondent did not meet the stricter post-156 week test of being continuously prevented from engaging in any suitable employment.
On a rehearing at the appeal level, the Director's Delegate found that the respondent suffered from a mild but persistent neurological impairment that dramatically restricted her activities and endurance.
The Delegate rejected the insurer's arguments that the respondent was exaggerating her limitations or failing to pursue rehabilitation, concluding she met the post-156 week test and was entitled to ongoing weekly income benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 23, 1998
