Applicant entitled to IRBs for 104 weeks due to psychological impairments; university tuition denied as rehabilitation.
The applicant was injured in a motor vehicle accident and claimed income replacement benefits (IRBs) and rehabilitation expenses for university studies.
The arbitrator found that the applicant suffered psychological impairments, including post-traumatic stress disorder and depression, that rendered her substantially unable to perform her pre-accident clerical duties for the first 104 weeks post-accident.
However, she failed to prove a complete inability to engage in any suitable employment after the 104-week mark.
The claim for university tuition as a rehabilitation expense was denied because it was not demonstrated to be a reasonable and necessary measure to reintegrate her into the labour market.
Finally, the arbitrator ruled that the 4 percent vacation pay the applicant received on each paycheque must be included in her income from employment for the purpose of calculating her IRB quantum.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 6, 2002
