Self-employed applicant awarded weekly income benefits after proving substantial inability to perform physically demanding essential tasks.
The applicant, a self-employed duct cleaner, was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.
The applicant sought reinstatement of benefits for the period from May 10, 1991, to September 30, 1991, arguing he was substantially unable to perform the physical tasks of his employment.
The insurer relied on surveillance evidence and an independent medical examination suggesting the applicant could return to work.
The arbitrator found the applicant credible, noting his essential tasks were physically demanding, and concluded the medical evidence supported his inability to work during the disputed period.
The applicant was awarded the claimed benefits, interest, and expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 3, 1992
