Applicant awarded ongoing income replacement benefits as shoulder bursitis prevented return to heavy physical labour.
The applicant was struck by a vehicle while walking home from work, sustaining injuries including to his right shoulder and lower back.
He applied for income replacement benefits, which the insurer terminated on the basis that he was no longer substantially unable to perform the essential tasks of his employment as a mattress builder.
The arbitrator found that the applicant's job required heavy physical labour, including frequently lifting mattresses weighing up to 115 lbs.
Relying on the medical evidence of the applicant's experts, the arbitrator concluded that the applicant suffered from accident-related bursitis in his right shoulder, which prevented him from performing these essential tasks.
The applicant was awarded ongoing income replacement benefits, and the insurer's claim for repayment of previously paid benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 26, 2005
