Income replacement benefits reinstated; chronic pain and psychological impairments rendered applicant completely unable to work.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated her weekly income replacement benefits.
The insurer relied on a Disability DAC assessment concluding she could perform alternative employment.
The arbitrator found that while the applicant was physically capable of performing the tested jobs, she suffered from a chronic pain condition and psychological impairments caused by the accident.
Relying on earlier DAC reports and psychological assessments, the arbitrator concluded that these psychological limitations rendered her completely unable to engage in any employment for which she was reasonably suited by education, training, or experience.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 17, 2004
