Arbitrator determines residual earning capacity and orders payment of income replacement benefits pending valid assessment report.
The applicant was injured in a motorcycle accident and received income replacement benefits.
The insurer terminated these benefits, and the parties disputed the applicant's residual earning capacity.
Following a residual earning capacity assessment, the arbitrator determined the applicant was capable of working full-time as an electronics assembler, setting his residual earning capacity at $268.49 per week.
The arbitrator also held that the insurer was required to pay income replacement benefits until 14 days after the issuance of a valid assessment report, as the initial report was invalid and did not establish a failure to co-operate.
The applicant's request for a special award due to delayed payment of interim benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 22, 2000
