Functionally illiterate welder awarded ongoing income replacement benefits after accident forced him into minimum-wage work.
The applicant, a 47-year-old welder with limited education and functional illiteracy, was injured in a motor vehicle accident and could no longer perform his pre-accident job due to chronic neck and back pain.
He found alternative employment as a car jockey earning significantly less.
The insurer terminated his income replacement benefits at the 104-week mark, arguing he could perform other skilled trades or driving jobs.
The arbitrator found that the applicant suffered a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience, preferring the applicant's psycho-vocational evidence that he lacked the literacy and physical capacity for the insurer's suggested occupations.
The applicant was awarded ongoing income replacement benefits and costs for certain assessments, but claims for housekeeping, a spinal corset, and a special award were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 20, 2001
