Insurer ordered to pay income replacement benefits as applicant's chronic pain caused substantial inability to work.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated her income replacement and housekeeping benefits.
The applicant applied for arbitration, claiming ongoing entitlement to income replacement benefits, loss of earning capacity benefits, physiotherapy, and housekeeping expenses.
The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her employment due to chronic pain, despite a lack of objective musculoskeletal findings, and ordered the insurer to pay income replacement benefits and make an offer for loss of earning capacity benefits.
The claims for physiotherapy and housekeeping expenses were dismissed due to a lack of supporting evidence.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 30, 1998
