Insured awarded ongoing income replacement and rehabilitation benefits for post-traumatic fibromyalgia and chronic low back pain.
The applicant was injured in a minor rear-end motor vehicle accident and subsequently developed chronic pain and fibromyalgia.
The insurer terminated his weekly income replacement benefits after a DAC assessment concluded he could return to work.
The arbitrator found that the applicant sustained an impairment in his lower back arising from the accident, which caused a substantial inability to perform the essential tasks of his employment as an assembly line worker.
The arbitrator also found that the applicant suffered from post-traumatic fibromyalgia.
The applicant was awarded ongoing income replacement benefits, costs for a physical fitness programme, expenses for attending a Fibromyalgia Outpatient Programme, partial housekeeping expenses, interest, and arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 6, 1998