Applicant awarded ongoing weekly income benefits for motor vehicle accident injuries; special award denied.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.
The applicant applied for arbitration, claiming ongoing weekly income benefits, a special award, interest, and expenses.
The arbitrator found that the applicant was substantially unable to perform the essential tasks of her employment as a seamstress due to a herniated disc caused by the accident.
The arbitrator preferred the evidence of the applicant's treating orthopaedic surgeon over the insurer's medical experts.
The applicant was awarded ongoing weekly income benefits, interest, and expenses, but the claim for a special award was dismissed as the insurer's termination of benefits was not unreasonable.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 3, 1996
