Interim benefits order varied to terminate at 104 weeks; fresh order granted for continued interim income replacement benefits.
The insurer applied to vary an earlier order that awarded the applicant interim income replacement and housekeeping benefits, arguing the benefits should terminate at the 104-week mark.
The applicant opposed the variation and brought a motion for continued interim income replacement benefits.
The arbitrator found that the change in the disability test after 104 weeks constituted a material change in circumstances, justifying a variation of the original order to terminate benefits as of January 9, 2004.
However, based on the applicant's demonstrated financial need and strong medical evidence of ongoing physical and psychological disability, the arbitrator issued a fresh order granting continued interim income replacement benefits pending the final arbitration hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 8, 2004
