Applicant awarded ongoing income replacement benefits after 104 weeks due to complete inability to engage in suitable employment.
The applicant was injured in a motorcycle accident and suffered a severe wrist fracture and hip injury.
The insurer terminated his income replacement benefits after 104 weeks, relying on a designated assessment centre report and a transferable skills analysis suggesting he could work in alternative occupations.
The arbitrator found the insurer's vocational assessments flawed as they failed to adequately consider the applicant's physical limitations, the need for extensive retraining, and the significantly lower remuneration of the suggested jobs.
Relying on a vocational assessment obtained by the applicant, the arbitrator concluded that the applicant suffered a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience.
The applicant was awarded ongoing income replacement benefits and interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 28, 2007
