Applicant entitled to ongoing weekly income benefits as post-accident clerical job was not suitable employment.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, arguing the applicant was employed in a suitable occupation.
The arbitrator found that while the applicant's current clerical job accommodated his physical and cognitive disabilities, it was not suitable given his prior experience as a skilled drywaller earning significantly more money.
The arbitrator concluded the applicant was continuously prevented from engaging in employment for which he was reasonably suited by education, training, or experience, and ordered the insurer to pay ongoing weekly income benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 11, 1996
