Insured entitled to ongoing income replacement benefits as chronic pain prevented full-time return to pre-accident employment.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated her income replacement benefits at the 104-week mark, arguing she could return to her pre-accident employment as a hairstylist.
The arbitrator found that the applicant's chronic pain substantially disabled her from performing the essential tasks of her employment, as she could only work part-time.
The arbitrator ordered the insurer to pay ongoing income replacement benefits pending a Loss of Earning Capacity offer, as well as certain medical, rehabilitation, and housekeeping benefits.
The applicant's claim for a special award was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 29, 1999
