Applicant awarded ongoing income replacement benefits; HOOPP disability pension found not deductible from benefits.
The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits beyond the 104-week mark, as well as the cost of a golf cart as a rehabilitation expense.
The insurer terminated benefits, arguing the applicant's inability to work was due to a pre-existing back injury and that she was capable of working with accommodations.
The insurer also argued that the applicant's HOOPP disability pension should be deducted from any income replacement benefits.
The arbitrator found that the motor vehicle accident materially contributed to the applicant's impairments, rendering her completely unable to perform any suitable occupation.
The arbitrator also held that the HOOPP pension was not an income continuation plan or temporary disability benefit, and thus was not deductible.
The applicant was awarded ongoing income replacement benefits and the cost of the golf cart.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 15, 2003
