Applicant awarded ongoing weekly income benefits due to chronic headaches preventing return to suitable employment.
The applicant was struck by a car while walking on a sidewalk, sustaining a head injury that resulted in chronic severe headaches.
The insurer paid weekly income benefits and medical benefits until November 1994, when it terminated benefits on the basis that the applicant was physically capable of returning to work.
The applicant applied for arbitration, seeking ongoing weekly income benefits and payment for chiropractic treatments.
The arbitrator found the applicant's subjective complaints of severe headaches to be credible and concluded that he was continuously prevented from engaging in any occupation for which he was reasonably suited, entitling him to ongoing weekly income benefits.
The arbitrator remained seized of the issue regarding the reasonableness of the chiropractic expenses due to insufficient evidence.
A post-hearing request by the insurer to reopen the proceedings to admit fresh evidence was dismissed, as the evidence could have been produced with due diligence and would not have changed the outcome.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 5, 1997
