Insurer ordered to reinstate weekly income benefits as applicant remained unable to work as dental assistant.
The applicant was injured in a motor vehicle accident and received statutory accident benefits, including weekly income benefits, which the insurer terminated on the basis that she was no longer substantially unable to perform the essential tasks of her pre-accident employment as a dental assistant.
The insurer relied on surveillance evidence and an independent medical examination suggesting she could return to work.
The arbitrator preferred the evidence of the applicant's treating professionals, finding that she remained unable to perform the specific, sustained physical tasks required of a dental assistant.
The applicant was awarded ongoing weekly income benefits, outstanding housekeeping expenses, and arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 6, 1994
