Insurer ordered to pay income replacement benefits; accident materially contributed to applicant's psychological and physical disability.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them based on an orthopaedic assessment.
The applicant sought benefits for the period until he returned to full-time work, arguing that a combination of physical pain, sleep apnea, and psychological distress rendered him substantially unable to perform his sedentary job.
The arbitrator found the applicant credible and held that the accident materially contributed to his deteriorating physical and mental condition.
The arbitrator concluded the applicant was substantially disabled from performing the essential duties of his employment during the disputed period and ordered the insurer to pay the benefits with interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 19, 2001
