Insurer ordered to pay ongoing weekly income benefits and a special award for unreasonably handling tip income.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them, claiming she was no longer substantially unable to perform the essential tasks of her pre-accident employment as a server and cashier.
The arbitrator found that the applicant remained substantially unable to perform the heavy aspects of her work as a server and was therefore entitled to ongoing weekly income benefits.
The arbitrator also determined the proper calculation of her pre-accident income, including an estimate of her tip income, and awarded a special award of $1,500 against the insurer for unreasonably handling the tips issue.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 10, 1994
