Applicant awarded income replacement benefits for psychological impairment, but photography business income excluded from calculation.
The applicant was injured in a rear-end motor vehicle accident and claimed income replacement benefits (IRBs).
The insurer terminated IRBs, arguing the applicant could return to her pre-accident jobs as a bus driver and special needs rehabilitation specialist.
The arbitrator found that while the applicant had pre-existing psychological issues, the accident materially contributed to a substantial psychological inability that prevented her from performing the physically demanding tasks of her pre-accident jobs.
The applicant was awarded IRBs for the disputed period.
However, the arbitrator rejected the applicant's claim to include income from a photography business in the IRB calculation, finding insufficient evidence that she performed the essential tasks of that business or that she was disabled from doing so.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 23, 1999
