Income replacement benefits denied due to lack of disability; medical and rehabilitation expenses allowed.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them, arguing she was no longer disabled.
The applicant sought further income replacement benefits and payment for medical and rehabilitation expenses.
The arbitrator found that the applicant was not substantially unable to perform the essential tasks of her pre-accident employment, noting her refusal to attempt a return to work and relying on the opinions of her treating physician and psychologist.
The claim for income replacement benefits was dismissed.
However, the arbitrator allowed the claim for medical and rehabilitation expenses, finding the treatments reasonable and beneficial.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 30, 1999
