Income benefits denied as injuries were minor, but special award granted for unreasonably withheld physiotherapy.
The applicant was injured in two motor vehicle accidents in 1993 and received statutory accident benefits.
She returned to work as a secretary for several months before her temporary position ended, after which she sought further weekly income benefits, a medical rehabilitation case manager, and active physiotherapy.
The arbitrator dismissed the claim for weekly income benefits, finding that the applicant's soft tissue and finger injuries were relatively minor and did not disable her from performing the essential tasks of her employment.
The request for a case manager was also denied as unnecessary.
However, the arbitrator ordered the insurer to pay for four months of active physiotherapy and granted a special award of 10 per cent of the physiotherapy cost, finding that the insurer had unreasonably withheld payment for this "pay now, dispute later" benefit.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 17, 1996
