Weekly income benefits reinstated; applicant unable to perform essential tasks of fast food employment.
The applicant, a fast food worker, was injured as a pedestrian in a motor vehicle accident and received weekly income benefits.
The insurer terminated benefits after an independent medical examination suggested she could attempt a return to work.
The applicant had previously attempted to return to work but was unable to continue due to pain from her ankle and knee injuries.
The arbitrator preferred the evidence of the applicant's treating orthopaedic surgeon over the insurer's assessor, finding the applicant was substantially unable to perform the essential tasks of her employment, which required prolonged standing and repetitive squatting.
The applicant was awarded weekly income benefits for the disputed period, along with interest and arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 22, 1994
