Insurer ordered to pay ongoing income replacement benefits to applicant suffering from accident-related panic disorder and claustrophobia.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated her income replacement benefits.
The applicant claimed ongoing entitlement due to physical pain and severe psychological impairments, including panic disorder and claustrophobia, which prevented her from using elevators, public transit, or driving.
The arbitrator found the applicant to be a credible witness and accepted the evidence of her treating psychiatrist, family doctor, and a vocational assessor over the insurer's DAC assessors.
The arbitrator concluded that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment for the first 104 weeks, and a complete inability to engage in any suitable employment thereafter.
The insurer was ordered to pay ongoing income replacement benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 16, 2004
