Applicant awarded ongoing weekly income benefits for chronic pain and depression but ordered to repay overpayment.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated weekly income benefits.
The applicant applied for arbitration, seeking ongoing weekly income benefits, transportation expenses, and a special award.
The arbitrator found that the applicant suffered from chronic pain and depression caused by the accident, which continuously prevented him from engaging in any suitable employment.
The arbitrator ordered the insurer to pay ongoing weekly income benefits and transportation expenses.
However, the arbitrator also ordered the applicant to repay an overpayment of income replacement benefits due to his receipt of collateral benefits, and denied the request for a special award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 4, 1999