Applicant entitled to maximum weekly income benefits until the date he would have completed work conditioning for a suitable alternative occupation.
The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated benefits after 156 weeks, arguing the applicant was not continuously prevented from engaging in suitable employment.
The arbitrator found the applicant was substantially unable to perform his pre-accident work as a tile setter.
However, the arbitrator concluded there were suitable alternative occupations available, specifically a cashier position following a work conditioning program.
The arbitrator also allowed the applicant to recalculate his pre-accident income using the completion method of accounting, which increased his weekly benefit to the $600 maximum.
The applicant was awarded outstanding benefits up to the date he would have completed the work conditioning program, plus interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 18, 1997
