The applicant, a self-employed taxi driver, was injured in a rear-end motor vehicle accident and claimed statutory accident benefits.
The insurer paid income replacement benefits for the first 104 weeks but denied post-104 week benefits, arguing the applicant was not completely unable to engage in suitable employment.
The arbitrator found that the applicant's physical impairments, including neurologically-based low back pain, combined with cognitive and emotional difficulties, rendered him completely unable to work full-time in any suitable occupation.
The arbitrator ordered the insurer to pay post-104 week income replacement benefits, to be recalculated without improperly deducting capital cost allowance.
Furthermore, the arbitrator awarded a special award under section 282(10) of the Insurance Act, finding that the insurer unreasonably withheld benefits by failing to critically analyze the medical and accounting evidence and misapplying the legal test for complete inability.
