Insured entitled to ongoing income replacement benefits after unsuccessful attempts to return to work.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated her income replacement benefits, arguing she was capable of returning to work.
The arbitrator found that the applicant made honest and sustained attempts to return to her pre-accident employment as an accountant, but was unable to continue due to her injuries.
The arbitrator rejected the insurer's medical assessments suggesting a lack of motivation, finding the applicant's testimony credible and her attempts to work genuine.
The applicant was found to be substantially disabled from performing the essential tasks of her employment and completely unable to engage in suitable employment, entitling her to ongoing income replacement benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 29, 2004
